1. The thinness of the legislative form. This means that there is no legal document that specifically controls “white pollution†in the current laws and regulations. The regulations on the prevention and control of environmental pollution caused by solid wastes in the "Law of the People's Republic of China on the Prevention and Control of Solid Waste Pollution" can be applied to the prevention and control of "white pollution". However, the types and extensions of solid wastes are very wide. Because there is no specificity, this law is only Article 18 lays down general provisions for the prevention and control of pollution from agricultural films, and there are no specific measures to prevent “white pollutionâ€. What is even more noteworthy is that there is no clause in the chapter on legal liability that stipulates sanctions against “white pollutionâ€. Due to the lack of legal provisions, the law enforcement process was "unable to follow," and was ineffective. The “Regulations on the Management of Urban Appearance and Environmental Hygiene†promulgated by the State Council focuses on the regulation of household waste. Although “white pollution†also belongs to the part of domestic waste, the treatment of domestic waste does not fully apply to “white pollutionâ€. Lack of effectiveness.
It can be seen that the above two laws and regulations lack the strength to prevent “white pollutionâ€. At the same time, China has not yet promulgated a nationwide administrative regulation or regulation on the prevention and control of the pollution of used packaging, and the pollution prevention of plastic packaging remains blank. Of course, in recent years, some localities have successively promulgated local regulations or local regulations, such as the Hangzhou Municipal People’s Congress Standing Committee passed the "Hangzhou City Appearance and Sanitation Management Regulations." The Regulations stipulate that the prohibition of sales and the use of foam plastics must not be degraded once. Tableware, but there is no provision for plastic packaging, agricultural plastic film pollution control. More cities are in the form of joint notification issued by the Municipal Environmental Protection Bureau, the Municipal Environmental Sanitation Bureau, and the Municipal Bureau of Industry and Commerce to manage the “white pollution†of the city, such as Beijing, Shenyang, and Wuhan. Even the “Some Opinions on Strengthening the Management of Plastic Packaging Waste Management in Key Traffic Routes, Watersheds, and Scenic Spots†jointly issued by the Ministry of Construction, the Ministry of Railways, the Ministry of Communications, and the National Tourism Administration are also administrative measures. Due to the “sanctions†in the legal norms of these administrative “noticesâ€, they do not have legal force. In contrast, western countries have special laws, regulations and other legal documents to regulate the disposal of waste plastic packaging. Such as the United States "Resource Protection and Recycling Law", Japan "Renewable Resources Law", "Energy Conservation and Recycling Resources Support Law", "Packaging Container Recycling Law", Germany "Circular Economy Law", "Packaging Waste Management Regulations" and other pairs The production, sales, recycling, use and disposal of waste plastic packaging have clear legal provisions and are worth learning from.
2. The backwardness of the concept of legislation. This means that the current laws and regulations are still affected by the concept of the planned economy system. First of all, it is embodied in the governance methods adopted by the current laws and regulations: the prohibition of sales and use of disposable plastic tableware. This only emphasizes end-to-end governance, not governance, from the source. In fact, relying on advances in science and technology, researching new types of plastics that are easily degradable and non-polluting, and improving the recycling of waste plastic products, we started from the source of production and realized the reduction, recycling, and harmlessness of “white pollutionâ€. It is the only way to cure "white pollution."
However, the development of science and technology can not be separated from policy support and legal protection, especially in the market economy and society, the market economy is not only the rule of law economy. In fact, China currently has a number of technologies for the recycling of used waste plastics, such as the "core sintering method" domestic waste incineration technology developed by Beijing Contemporary Garbage Engineering Co., Ltd., which is suitable for the actual situation of urban waste in China. Technically, Economically, it is feasible; another example is the use of waste plastics to refine fuel oil equipment developed by Handan City Energy-saving Equipment Factory in Hebei Province, with an oil yield of 66-72%. However, because there are no relevant laws and regulations to support and guarantee, and no economic measures such as taxation or loans have been used to adjust, these technical achievements have not been promoted and applied so far.
Secondly, the backwardness of the concept of legislation is also reflected in the legal responsibilities of the current laws and regulations: only paying attention to fines, and not stipulating the governance and restoration of the resulting environmental pollution. This is inconsistent with the environmental protection of “who destroys and controlsâ€. The basic principles of the law. Because the laws and regulations are not perfect, law enforcement officers only pay attention to economic punishment, and the law-breakers only pay attention to how to escape economic losses, but the consequences of pollution caused by illegal activities are not controlled.
In addition, China's current laws and regulations only deal with "white pollution" after the fact, and the most important of the basic principles of environmental protection law is prevention and control. To solve "white pollution", we must base ourselves on "prevention beforehand", not only to control the pollution that has already been caused, but also to use legal means to prevent the occurrence of "white pollution" before the pollution occurs. This is the best policy. (To be continued)
It can be seen that the above two laws and regulations lack the strength to prevent “white pollutionâ€. At the same time, China has not yet promulgated a nationwide administrative regulation or regulation on the prevention and control of the pollution of used packaging, and the pollution prevention of plastic packaging remains blank. Of course, in recent years, some localities have successively promulgated local regulations or local regulations, such as the Hangzhou Municipal People’s Congress Standing Committee passed the "Hangzhou City Appearance and Sanitation Management Regulations." The Regulations stipulate that the prohibition of sales and the use of foam plastics must not be degraded once. Tableware, but there is no provision for plastic packaging, agricultural plastic film pollution control. More cities are in the form of joint notification issued by the Municipal Environmental Protection Bureau, the Municipal Environmental Sanitation Bureau, and the Municipal Bureau of Industry and Commerce to manage the “white pollution†of the city, such as Beijing, Shenyang, and Wuhan. Even the “Some Opinions on Strengthening the Management of Plastic Packaging Waste Management in Key Traffic Routes, Watersheds, and Scenic Spots†jointly issued by the Ministry of Construction, the Ministry of Railways, the Ministry of Communications, and the National Tourism Administration are also administrative measures. Due to the “sanctions†in the legal norms of these administrative “noticesâ€, they do not have legal force. In contrast, western countries have special laws, regulations and other legal documents to regulate the disposal of waste plastic packaging. Such as the United States "Resource Protection and Recycling Law", Japan "Renewable Resources Law", "Energy Conservation and Recycling Resources Support Law", "Packaging Container Recycling Law", Germany "Circular Economy Law", "Packaging Waste Management Regulations" and other pairs The production, sales, recycling, use and disposal of waste plastic packaging have clear legal provisions and are worth learning from.
2. The backwardness of the concept of legislation. This means that the current laws and regulations are still affected by the concept of the planned economy system. First of all, it is embodied in the governance methods adopted by the current laws and regulations: the prohibition of sales and use of disposable plastic tableware. This only emphasizes end-to-end governance, not governance, from the source. In fact, relying on advances in science and technology, researching new types of plastics that are easily degradable and non-polluting, and improving the recycling of waste plastic products, we started from the source of production and realized the reduction, recycling, and harmlessness of “white pollutionâ€. It is the only way to cure "white pollution."
However, the development of science and technology can not be separated from policy support and legal protection, especially in the market economy and society, the market economy is not only the rule of law economy. In fact, China currently has a number of technologies for the recycling of used waste plastics, such as the "core sintering method" domestic waste incineration technology developed by Beijing Contemporary Garbage Engineering Co., Ltd., which is suitable for the actual situation of urban waste in China. Technically, Economically, it is feasible; another example is the use of waste plastics to refine fuel oil equipment developed by Handan City Energy-saving Equipment Factory in Hebei Province, with an oil yield of 66-72%. However, because there are no relevant laws and regulations to support and guarantee, and no economic measures such as taxation or loans have been used to adjust, these technical achievements have not been promoted and applied so far.
Secondly, the backwardness of the concept of legislation is also reflected in the legal responsibilities of the current laws and regulations: only paying attention to fines, and not stipulating the governance and restoration of the resulting environmental pollution. This is inconsistent with the environmental protection of “who destroys and controlsâ€. The basic principles of the law. Because the laws and regulations are not perfect, law enforcement officers only pay attention to economic punishment, and the law-breakers only pay attention to how to escape economic losses, but the consequences of pollution caused by illegal activities are not controlled.
In addition, China's current laws and regulations only deal with "white pollution" after the fact, and the most important of the basic principles of environmental protection law is prevention and control. To solve "white pollution", we must base ourselves on "prevention beforehand", not only to control the pollution that has already been caused, but also to use legal means to prevent the occurrence of "white pollution" before the pollution occurs. This is the best policy. (To be continued)
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