我国城市垃圾治理法律制度研究
发布时间：2019-01-08 15:06
【摘要】：随着城市化的进程,经济的发展,人们生活的水平随之提高,环境污染问题逐渐出现,特别是城市垃圾污染问题日趋严重,在城市中,社区里,楼宇间,我们随处可以看到垃圾成堆的现象,给城市的环境带来巨大压力,垃圾污染已经成为我国经济发展的瓶颈,污染土地,水源和空气,开始影响着人们的生活水平,同时也造成资源的大量浪费。随着人们环保意识的提高,越来越多的人开始看到垃圾中蕴含的价值,它们是最具开发潜力的宝藏,这些被废弃的资源想要很好的利用,首先需要有立法的保障,虽然现有的基本法以及各单行条例中都有关于垃圾治理的规定,但就具体的法律制度而言,还存在着很多问题,尤其是关于城市垃圾治理法律制度还存在着很多不足,在一个法治国家里,如何用法律手段来规范城市垃圾的治理,是法学界未来的研究方向。 本文介绍城市垃圾的基本概况,包括城市垃圾的概念、特点、危害及现阶段的一些情况,同时简单介绍了城市垃圾治理法律制度的内涵,以及我国城市垃圾治理法律制度的现状,提出我国城市垃圾治理法律制度存在的问题,例如垃圾分类回收法律制度不健全、垃圾收费标准和方式单一、垃圾治理缺乏客观的环境评价、垃圾污染风险防范制度的缺陷,垃圾治理缺少激励机制,针对这些缺陷笔者结合我国学者多年的研究成果,同时借鉴了美国、英国、德国、日本等国在城市垃圾立法及其成熟的经验,根据我国的实际情况,在充分分析的基础上,主要提出了以下几方面建议：完善城市垃圾治理规划及收集制度,健全我国垃圾收费制度,建立垃圾治理的环境影响评价制度,构建垃圾污染风险防范制度,建立垃圾治理的特许经营制度,逐步完善城市垃圾治理过程中的法律制度,构建城市垃圾治理的法律框架,实现城市垃圾资源化、无害化、减量化的立法体系。
[Abstract]:With the process of urbanization and the development of economy, the standard of living of people has been improved, and the environmental pollution problem has appeared gradually, especially the problem of urban garbage pollution is becoming more and more serious, in the city, in the community, between the buildings, We can see the phenomenon of garbage piles everywhere, which brings great pressure to the environment of cities. Garbage pollution has become the bottleneck of our country's economic development. Pollution of land, water and air is beginning to affect people's living standards. At the same time, it also causes a lot of waste of resources. With the increasing awareness of environmental protection, more and more people are beginning to see the value of garbage, which is the treasure with the greatest potential for development. If these abandoned resources are to be used well, they need to be protected by legislation. Although there are provisions on garbage treatment in the existing basic Law and various separate regulations, there are still many problems with regard to the specific legal system, especially with regard to the legal system for the treatment of municipal waste. In a country ruled by law, how to regulate the treatment of urban garbage by legal means is the future research direction of legal circles. This paper introduces the basic situation of urban garbage, including the concept, characteristics, harm and some situations of the present stage. At the same time, it briefly introduces the connotation of the legal system for the treatment of urban garbage. As well as the present situation of the legal system of urban garbage treatment in China, the problems existing in the legal system of urban garbage treatment in China are pointed out, such as the unsound legal system of classifying and collecting garbage, the single standard and mode of charging for garbage, There is a lack of objective environmental evaluation, the defects of garbage pollution risk prevention system, and the lack of incentive mechanism in waste management. In view of these defects, the author combines the research results of Chinese scholars for many years, and draws lessons from the United States, Britain and Germany. Japan and other countries in the city garbage legislation and mature experience, according to the actual situation of our country, on the basis of full analysis, mainly put forward the following suggestions: improve the urban waste management planning and collection system, We should improve our garbage charging system, establish an environmental impact assessment system for garbage treatment, construct a garbage pollution risk prevention system, establish a special management system for garbage treatment, and gradually improve the legal system in the process of urban garbage treatment. To construct the legal framework of urban garbage management and realize the legislative system of recycling, innocuity and reduction of urban garbage.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.68
本文编号：2404776
[Abstract]:With the process of urbanization and the development of economy, the standard of living of people has been improved, and the environmental pollution problem has appeared gradually, especially the problem of urban garbage pollution is becoming more and more serious, in the city, in the community, between the buildings, We can see the phenomenon of garbage piles everywhere, which brings great pressure to the environment of cities. Garbage pollution has become the bottleneck of our country's economic development. Pollution of land, water and air is beginning to affect people's living standards. At the same time, it also causes a lot of waste of resources. With the increasing awareness of environmental protection, more and more people are beginning to see the value of garbage, which is the treasure with the greatest potential for development. If these abandoned resources are to be used well, they need to be protected by legislation. Although there are provisions on garbage treatment in the existing basic Law and various separate regulations, there are still many problems with regard to the specific legal system, especially with regard to the legal system for the treatment of municipal waste. In a country ruled by law, how to regulate the treatment of urban garbage by legal means is the future research direction of legal circles. This paper introduces the basic situation of urban garbage, including the concept, characteristics, harm and some situations of the present stage. At the same time, it briefly introduces the connotation of the legal system for the treatment of urban garbage. As well as the present situation of the legal system of urban garbage treatment in China, the problems existing in the legal system of urban garbage treatment in China are pointed out, such as the unsound legal system of classifying and collecting garbage, the single standard and mode of charging for garbage, There is a lack of objective environmental evaluation, the defects of garbage pollution risk prevention system, and the lack of incentive mechanism in waste management. In view of these defects, the author combines the research results of Chinese scholars for many years, and draws lessons from the United States, Britain and Germany. Japan and other countries in the city garbage legislation and mature experience, according to the actual situation of our country, on the basis of full analysis, mainly put forward the following suggestions: improve the urban waste management planning and collection system, We should improve our garbage charging system, establish an environmental impact assessment system for garbage treatment, construct a garbage pollution risk prevention system, establish a special management system for garbage treatment, and gradually improve the legal system in the process of urban garbage treatment. To construct the legal framework of urban garbage management and realize the legislative system of recycling, innocuity and reduction of urban garbage.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D922.68
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