循环经济立法的实施机制研究
发布时间：2018-10-21 13:29
【摘要】： 发展经济与环境保护是传统经济不可避免的冲突矛盾,要从根本上解决深层矛盾,就要实现发展方式从传统经济到循环经济的转变,这是21世纪的战略选择。然而循环经济的健康迅速发展需要法律和制度作为保障,构建循环经济法律制度体系成为循环经济发展的重要一环。本文通过阐述国外循环经济立法实践,提出构建我国循环经济法律体系与实施机制。循环经济立法应当以行政强制为底线,更多运用行政指导、经济刺激、公众参与三种环境法基本实施机制,将市场规则的基本要求体现在具体的法律制度中。对循环经济立法体系及实施机制进行研究,不仅是完善循环经济法律法规政策的需要,而且是落实科学发展观,促进可持续发展、实现人与自然和谐共生的需要,具有重要的理论意义和现实意义。 本文除引言和结语外,共分为四个部分: 第一部分阐述循环经济的基本理论,通过分析循环经济理论的提出与发展过程,进一步阐明了循环经济的含义、基本特征、基本原则,并在此基础是对循环经济进行法理分析。 第二部分介绍了德国、日本、欧盟等发达国家有关循环经济的法律制度及实施机制,借鉴国外循环经济发展的实践经验,总结出国外发展循环经济的立法及实施对我国的启示,概括为法律、法规和政策、制度两方面。 第三部分是对我国循环经济立法与法律实施机制的现状分析。首先阐明我国循环经济立法的指导思想与理论基础;其次,介绍我国现有循环经济法律法规,通过对我国循环经济立法进程介绍及《循环经济促进法》主要内容和立法特点分析,进一步提出循环经济立法实施机制的选择的重要意义。 第四部分在借鉴国外循环经济立法及实施经验的基础上,结合我国现状,提出完善我国循环经济立法体系与实施机制的建议。在立法体系方面,以《循环经济促进法》为基础,进一步修改完善发展循环经济的专项法规以及其他相关法律法规,使循环经济法律制度尽快形成配套、科学完备的体系。在实施机制方面,综合运用行政强制机制、行政指导机制、经济激励机制、公众参与机制,结合政府、市场、社会等各方面的力量,使循环经济在实施和运作过程中达到资源的最优化配置,使我国真正走上一条可持续发展的道路。
[Abstract]:Developing economy and environmental protection are the inevitable conflicts of traditional economy. In order to solve the deep contradiction fundamentally, it is necessary to realize the transformation of development mode from traditional economy to circular economy, which is the strategic choice of the 21st century. However, the healthy and rapid development of circular economy needs the protection of law and system, and constructing the legal system of circular economy becomes an important part of the development of circular economy. By expounding the legislative practice of circular economy abroad, this paper puts forward the construction of legal system and implementation mechanism of circular economy in China. Circular economy legislation should take administrative compulsion as the bottom line, make more use of administrative guidance, economic stimulation and public participation in three basic enforcement mechanisms of environmental law, and embody the basic requirements of market rules in the specific legal system. The research on the legislation system and implementation mechanism of circular economy is not only the need to perfect the laws, regulations and policies of circular economy, but also the need to implement the scientific concept of development, to promote sustainable development and to realize the harmonious coexistence between man and nature. It has important theoretical and practical significance. In addition to the introduction and conclusion, this paper is divided into four parts: the first part describes the basic theory of circular economy, through the analysis of the circular economy theory put forward and the development process, further clarified the meaning of circular economy. Basic characteristics, basic principles, and on the basis of circular economy for legal analysis. The second part introduces the legal system and implementation mechanism of circular economy in Germany, Japan, European Union and other developed countries, and sums up the enlightenment to our country of the legislation and implementation of the development of circular economy in foreign countries based on the practical experience of the development of circular economy in foreign countries. Summarized as the law, regulations and policies, two aspects of the system. The third part analyzes the current situation of circular economy legislation and law enforcement mechanism in China. First, the guiding ideology and theoretical basis of circular economy legislation in our country are expounded; secondly, the existing laws and regulations of circular economy in our country are introduced. Based on the introduction of the legislative process of circular economy in China and the analysis of the main contents and legislative characteristics of the Circular economy Promotion Law, the significance of the selection of the implementation mechanism of the circular economy legislation is further put forward. In the fourth part, on the basis of drawing lessons from foreign circular economy legislation and implementation experience, combined with the present situation of our country, the author puts forward some suggestions to perfect the legislation system and implementation mechanism of circular economy in our country. In the legislative system, on the basis of the Circular economy Promotion Law, the special laws and regulations for the development of circular economy and other relevant laws and regulations should be further revised and perfected, so that the legal system of circular economy can be formed as soon as possible and a scientific and complete system can be formed. In terms of the implementation mechanism, the comprehensive use of the administrative compulsory mechanism, the administrative guidance mechanism, the economic incentive mechanism, the mechanism of public participation, the combination of government, market, social and other forces, In order to achieve the optimal allocation of resources in the process of implementation and operation of circular economy, China can really embark on a path of sustainable development.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：F205;D922.29;D922.6
本文编号：2285217
[Abstract]:Developing economy and environmental protection are the inevitable conflicts of traditional economy. In order to solve the deep contradiction fundamentally, it is necessary to realize the transformation of development mode from traditional economy to circular economy, which is the strategic choice of the 21st century. However, the healthy and rapid development of circular economy needs the protection of law and system, and constructing the legal system of circular economy becomes an important part of the development of circular economy. By expounding the legislative practice of circular economy abroad, this paper puts forward the construction of legal system and implementation mechanism of circular economy in China. Circular economy legislation should take administrative compulsion as the bottom line, make more use of administrative guidance, economic stimulation and public participation in three basic enforcement mechanisms of environmental law, and embody the basic requirements of market rules in the specific legal system. The research on the legislation system and implementation mechanism of circular economy is not only the need to perfect the laws, regulations and policies of circular economy, but also the need to implement the scientific concept of development, to promote sustainable development and to realize the harmonious coexistence between man and nature. It has important theoretical and practical significance. In addition to the introduction and conclusion, this paper is divided into four parts: the first part describes the basic theory of circular economy, through the analysis of the circular economy theory put forward and the development process, further clarified the meaning of circular economy. Basic characteristics, basic principles, and on the basis of circular economy for legal analysis. The second part introduces the legal system and implementation mechanism of circular economy in Germany, Japan, European Union and other developed countries, and sums up the enlightenment to our country of the legislation and implementation of the development of circular economy in foreign countries based on the practical experience of the development of circular economy in foreign countries. Summarized as the law, regulations and policies, two aspects of the system. The third part analyzes the current situation of circular economy legislation and law enforcement mechanism in China. First, the guiding ideology and theoretical basis of circular economy legislation in our country are expounded; secondly, the existing laws and regulations of circular economy in our country are introduced. Based on the introduction of the legislative process of circular economy in China and the analysis of the main contents and legislative characteristics of the Circular economy Promotion Law, the significance of the selection of the implementation mechanism of the circular economy legislation is further put forward. In the fourth part, on the basis of drawing lessons from foreign circular economy legislation and implementation experience, combined with the present situation of our country, the author puts forward some suggestions to perfect the legislation system and implementation mechanism of circular economy in our country. In the legislative system, on the basis of the Circular economy Promotion Law, the special laws and regulations for the development of circular economy and other relevant laws and regulations should be further revised and perfected, so that the legal system of circular economy can be formed as soon as possible and a scientific and complete system can be formed. In terms of the implementation mechanism, the comprehensive use of the administrative compulsory mechanism, the administrative guidance mechanism, the economic incentive mechanism, the mechanism of public participation, the combination of government, market, social and other forces, In order to achieve the optimal allocation of resources in the process of implementation and operation of circular economy, China can really embark on a path of sustainable development.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：F205;D922.29;D922.6
【引证文献】
相关硕士学位论文 前2条
1 窦智;贵阳市循环经济法治完善之研究[D];贵州民族学院;2010年
2 孙思明;黑龙江省循环经济立法研究[D];黑龙江大学;2010年
，本文编号：2285217
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