循环经济法基本问题研究
发布时间：2018-09-08 06:37
【摘要】： 循环经济,本质上是一种生态经济,它要求运用生态学规律而不是机械论规律来指导人类社会的经济活动。与传统经济相比,两者的不同之处在体现在:传统经济是一种由“资源—产品—污染排放”单向流动的线性经济,其特征是高开采、低利用、高排放。在这种经济中,人们高强度地把地球上的物质和能源提取出来,然后又把污染和废物大量地排放到水、空气和土壤中,对资源的利用是粗放的和一次性的,通过把资源持续不断地变成为废物来实现经济的数量型增长。与此不同,循环经济倡导的是一种与环境和谐的经济发展模式。它要求把经济活动组织成一个“资源—产品—再生资源”的反馈式流程,其特征是低开采、高利用、低排放。在循环经济中,所有的物质和能源要在这个不断进行的经济循环中得到合理和持久的利用,以把经济活动对自然环境的影响降低到尽可能小的程度。循环经济为工业化以来的传统经济转向可持续发展的经济提供了战略性的理论范式,从而从根本上消解长期以来环境与发展之间的尖锐冲突。“减量化、再利用、再循环”是循环经济最重要的实际操作原则。 自从90年代可持续发展战略以来,发达国家正在把发展循环经济、建立循环型社会看作是实施可持续发展战略的重要途径和实现方式。因此,循环经济的立法目的是为了实现可持续发展、促进循环经济,最终建立循环型社会。本文除前言和结语外,从四个方面对循环经济法的相关问题进行了分析。 第一部分是从循环经济原理出发,通过解析循环经济法的概念、循环经济法的特征、循环经济法部门归属以及循环经济法的法律性质等方面,确定循环经济法属于经济法的范畴。因此,第一部分注重的是从理论上对循环经济法相关问题进行分析。 第二部分采用实证分析的方法,即通过比较分析日本、德国、美国以及欧盟等国家循环经济的立法现状,立法特点,总结出国外循环经济立法对我国循环经济立法具有启示作用和借鉴意义。 第三部分是分析我国循环经济法立法的产生和发展、立法现状等,评价我国循环经济法立法存在的问题,并着重指出,我国《循环经济法(草案)》存在制度上的缺陷,主要表现相关部门职权划分不合理、监督机构设置的不完善以及相关责任主体规定的不明确等。 第四部分是在衔接前三个部分的基础上完善我国循环经济法立法,这一部分主要是从我国循环经济法立法模式的选择、立法原则的确定和相关责任主体权利与义务的设计等方面,完善我国的循环经济法立法。
[Abstract]:Circular economy, essentially an ecological economy, requires the use of ecological laws rather than mechanical laws to guide the economic activities of human society. Compared with the traditional economy, the difference between them lies in the fact that the traditional economy is a linear economy with a one-way flow of "resource-product-pollution emissions", which is characterized by high mining, low utilization and high emissions. In this economy, people extract the earth's material and energy intensively, and then discharge pollution and waste in large quantities into water, air and soil, and the use of resources is extensive and one-time. The quantitative growth of the economy is achieved by continuously turning resources into waste. Different from this, circular economy advocates an economic development model that is harmonious with the environment. It calls for organizing economic activity into a "resource-product-renewable" feedback process characterized by low mining, high utilization, and low emissions. In a circular economy, all materials and energy should be used rationally and persistently in this ongoing economic cycle to minimize the impact of economic activities on the natural environment. Circular economy provides a strategic theoretical paradigm for the transition of traditional economy to sustainable development since industrialization, which fundamentally resolves the sharp conflict between environment and development for a long time. "reduce, reuse, recycle" is the most important practical operation principle of circular economy. Since the strategy of sustainable development in 1990s, developed countries have regarded the development of circular economy and the establishment of circular society as an important way to implement the strategy of sustainable development. Therefore, the legislative purpose of circular economy is to realize sustainable development, promote circular economy and finally establish circular society. In addition to the preface and conclusion, this paper analyzes the relevant problems of circular economy law from four aspects. The first part is based on the principle of circular economy, through the analysis of the concept of circular economic law, the characteristics of circular economic law, the division of circular economic law and the legal nature of circular economic law, etc. The circular economic law belongs to the category of economic law. Therefore, the first part focuses on the theoretical analysis of circular economic law. The second part uses the empirical analysis method, namely through the comparative analysis Japan, Germany, the United States and the European Union and other countries circular economy legislation present situation, the legislation characteristic, It is concluded that the foreign circular economy legislation has the enlightenment function and the reference significance to our country circular economy legislation. The third part is to analyze the emergence and development of the legislation of circular economy law, the current situation of legislation and so on, to evaluate the problems existing in the legislation of circular economy law of our country, and to point out emphatically that the circular economy law (draft) of our country has the defects in the system. It mainly shows that the division of relevant departments' functions and powers is unreasonable, the establishment of supervision agencies is not perfect, and the provisions of relevant responsibility subjects are not clear. The fourth part is to perfect our circular economic law legislation on the basis of the first three parts of convergence, this part is mainly from the choice of our circular economic law legislative model. In order to perfect the legislation of circular economy law, the legislative principle and the design of the rights and obligations of the subject of responsibility should be determined.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
本文编号：2229668
[Abstract]:Circular economy, essentially an ecological economy, requires the use of ecological laws rather than mechanical laws to guide the economic activities of human society. Compared with the traditional economy, the difference between them lies in the fact that the traditional economy is a linear economy with a one-way flow of "resource-product-pollution emissions", which is characterized by high mining, low utilization and high emissions. In this economy, people extract the earth's material and energy intensively, and then discharge pollution and waste in large quantities into water, air and soil, and the use of resources is extensive and one-time. The quantitative growth of the economy is achieved by continuously turning resources into waste. Different from this, circular economy advocates an economic development model that is harmonious with the environment. It calls for organizing economic activity into a "resource-product-renewable" feedback process characterized by low mining, high utilization, and low emissions. In a circular economy, all materials and energy should be used rationally and persistently in this ongoing economic cycle to minimize the impact of economic activities on the natural environment. Circular economy provides a strategic theoretical paradigm for the transition of traditional economy to sustainable development since industrialization, which fundamentally resolves the sharp conflict between environment and development for a long time. "reduce, reuse, recycle" is the most important practical operation principle of circular economy. Since the strategy of sustainable development in 1990s, developed countries have regarded the development of circular economy and the establishment of circular society as an important way to implement the strategy of sustainable development. Therefore, the legislative purpose of circular economy is to realize sustainable development, promote circular economy and finally establish circular society. In addition to the preface and conclusion, this paper analyzes the relevant problems of circular economy law from four aspects. The first part is based on the principle of circular economy, through the analysis of the concept of circular economic law, the characteristics of circular economic law, the division of circular economic law and the legal nature of circular economic law, etc. The circular economic law belongs to the category of economic law. Therefore, the first part focuses on the theoretical analysis of circular economic law. The second part uses the empirical analysis method, namely through the comparative analysis Japan, Germany, the United States and the European Union and other countries circular economy legislation present situation, the legislation characteristic, It is concluded that the foreign circular economy legislation has the enlightenment function and the reference significance to our country circular economy legislation. The third part is to analyze the emergence and development of the legislation of circular economy law, the current situation of legislation and so on, to evaluate the problems existing in the legislation of circular economy law of our country, and to point out emphatically that the circular economy law (draft) of our country has the defects in the system. It mainly shows that the division of relevant departments' functions and powers is unreasonable, the establishment of supervision agencies is not perfect, and the provisions of relevant responsibility subjects are not clear. The fourth part is to perfect our circular economic law legislation on the basis of the first three parts of convergence, this part is mainly from the choice of our circular economic law legislative model. In order to perfect the legislation of circular economy law, the legislative principle and the design of the rights and obligations of the subject of responsibility should be determined.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6
【引证文献】
相关期刊论文 前1条
1 赵倩;;论循环经济促进法律责任[J];技术与市场;2010年12期
相关硕士学位论文 前3条
1 武烨;论我国循环经济法律制度的完善[D];东北财经大学;2010年
2 胡淑超;黑龙江省循环经济发展法律问题研究[D];黑龙江大学;2010年
3 王丛;循环经济法中的金融支持条款研究[D];浙江大学;2012年
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