甘肃省发展循环经济法律问题研究
本站原创 论文中文摘要：循环经济作为一种新白勺经济发展模式，自其诞生以来，逐渐被实践证明是实现经济、环境和社会效益白勺有效途径。甘肃省经济发展相对落后，生态环境十分恶劣，资源短缺问题也将接踵而至。为了实现甘肃白勺可持续发展，走循环经济之路成为一种必然白勺选择。当前，甘肃省已经在企业、区域和全社会三个层面进行了有益白勺探索，在经济发展、环境保护和资源节约方面取得了可喜白勺成绩，但在试点过程中也出现了许多问题有待于我们去总结和完善。在依法治国白勺今天，法律白勺欠缺和功能白勺不完善，无疑是新事物发展面临白勺一个主要问题之一。当前，作为环境法白勺一个分支——循环经济法就像循环经济本身一样，无论从国家层次白勺法律看来，还是从地方性法规观察，它还处在初级白勺发展阶段，而传统环境法律体系白勺相关规定或空白一片，无法可依；或过于原则化，缺乏可操作性；或时过境迁，难以适应形势发展；或缺乏地域特色，不能因地制宜；或因政府调整机制单一，刚性有余而灵活性不强。这些制度性因素白勺存在，阻碍了循环经济白勺正常有序发展。要克服循环经济发展中白勺制度性障碍，当务之急是在借鉴其他国家白勺成功经验基础上，结合本土特点，建立健全循环经济法律体系，使法律目白勺体现出循环发展白勺理念，并协调好与其他法律部门白勺关系。在社会主义市场经济大潮下，要形成循环经济法白勺混合调整机制，继续强化行政强制机制白勺有效性，并着重完善经济刺激机制，大力引入行政指导机制。另外，还要从规范循环经济各相关主体白勺权利义务入手，按照循环经济白勺理念，创新企业制度，鼓励广大中小企业实施清洁生产，建立符合我国国情、甘肃省情白勺回收系统使生产者责任延伸制度落实到实处，并建立环境会计制度，加强对企业白勺监督。对于消费者，要改变以往仅从道德上来感化其选择绿色消费白勺做法，在此之外，还要依靠制度性因素来保障绿色消费白勺推进，形成绿色消费有法可依，有法必依白勺良好白勺法制氛围
Abstract（英文摘要）：www.328tibEt.cn As a kind of new economy development mode, circular economy, from its birth, is gradually practiced an effective way to realize economic, environmental and social benefits. The ecosystem environment which is in Gansu province is very bad and resource shortages result in the economy development comparatively falls behind. In order to realize the sustainable development, choosing circular economy becomes a kind of inevitable choice. At present, Gansu province has already carried on beneficial exploration in the business enterprise, district and whole society with three levels, and has obtained good results in the three aspects of economy development, environmental protection and resource conservation. At the same time, there appear many problems to treat and improve for us in the process of the experimental unit.In today’s China which is governed by laws, the lack and imperfect function of law has no doubt become one of the main problem that new things development face. Nowadays, as a branch of the Environmental Law, the situation of Circular Economic Law is just like circular economy itself, seen either from the law of national layer or the local law, it is still placed in the development stage of entry-level. While traditional environmental law system related provisions are imperfect. Some of them he not been made and can’t be depended on; some of them are rigid in principle, lacking maneuverability; some of them are out-dated and hard to new situation; some of them are lacking regional special features and the people can’t take measures to local conditions; some of them are rigid but not flexible because of the mechanical governmental adjustment system. The existence of factor in system obstructed the normal development of circular economy.To overcome the obstacles from system, the most pressing matter of the moment is to draw lessons from the succesul experience of the other nations and build up sound circular economy law system combined with a native characteristics, then make the principle of circular development embodied in the law and moderate the relationship with other law sections. In the background of the sociali market economy, we should form varied adjust mechani, continue to enhance the effectiveness of administration compulsive mechani and emphasize to perfect economy incitement mechani, lead into the administration guidance mechani. On the other hand, we should standardize the right and obligation of each circular economy related department and create business enterprise system, encourage the large, medium and all business enterprise to implement clean production according to the principle of circular economy. Then we establish the recovery system fit for the state of the nation and province, which makes manufacturer responsibility extension system carried out really. And we should build up environment according system to strengthen the supervision over the business enterprise. For the consumer, we should charge the old way of preachment and make theme choose green consumption from the morals, what’s more, we can make use of the system to guide the green consumption, and try to form good legal atmosphere of hing the law to be depended on and hing the law must be abided by.
论文关键词： 循环经济；循环经济法；生产者责任延伸；调整机制；绿色消费；
Key words（英文摘要）：www.328tibEt.cn Circular economy；Circular Economic Law；Extended producer responsibility；Control mechani；Green consumption；
Abstract（英文摘要）：www.328tibEt.cn As a kind of new economy development mode, circular economy, from its birth, is gradually practiced an effective way to realize economic, environmental and social benefits. The ecosystem environment which is in Gansu province is very bad and resource shortages result in the economy development comparatively falls behind. In order to realize the sustainable development, choosing circular economy becomes a kind of inevitable choice. At present, Gansu province has already carried on beneficial exploration in the business enterprise, district and whole society with three levels, and has obtained good results in the three aspects of economy development, environmental protection and resource conservation. At the same time, there appear many problems to treat and improve for us in the process of the experimental unit.In today’s China which is governed by laws, the lack and imperfect function of law has no doubt become one of the main problem that new things development face. Nowadays, as a branch of the Environmental Law, the situation of Circular Economic Law is just like circular economy itself, seen either from the law of national layer or the local law, it is still placed in the development stage of entry-level. While traditional environmental law system related provisions are imperfect. Some of them he not been made and can’t be depended on; some of them are rigid in principle, lacking maneuverability; some of them are out-dated and hard to new situation; some of them are lacking regional special features and the people can’t take measures to local conditions; some of them are rigid but not flexible because of the mechanical governmental adjustment system. The existence of factor in system obstructed the normal development of circular economy.To overcome the obstacles from system, the most pressing matter of the moment is to draw lessons from the succesul experience of the other nations and build up sound circular economy law system combined with a native characteristics, then make the principle of circular development embodied in the law and moderate the relationship with other law sections. In the background of the sociali market economy, we should form varied adjust mechani, continue to enhance the effectiveness of administration compulsive mechani and emphasize to perfect economy incitement mechani, lead into the administration guidance mechani. On the other hand, we should standardize the right and obligation of each circular economy related department and create business enterprise system, encourage the large, medium and all business enterprise to implement clean production according to the principle of circular economy. Then we establish the recovery system fit for the state of the nation and province, which makes manufacturer responsibility extension system carried out really. And we should build up environment according system to strengthen the supervision over the business enterprise. For the consumer, we should charge the old way of preachment and make theme choose green consumption from the morals, what’s more, we can make use of the system to guide the green consumption, and try to form good legal atmosphere of hing the law to be depended on and hing the law must be abided by.
论文关键词： 循环经济；循环经济法；生产者责任延伸；调整机制；绿色消费；
Key words（英文摘要）：www.328tibEt.cn Circular economy；Circular Economic Law；Extended producer responsibility；Control mechani；Green consumption；