生态消费视野下的环境标志法律制度研究
发布时间：2019-06-03 02:22
【摘要】： 为了顺应消费者日益关注环境保护的客观要求和环境管理方式发生重大转变的客观情况,在上世纪中后期产生了环境标志制度。由于环境标志制度摆脱了传统的行政管理手段的强制性,通过诱导性的经济刺激方式,实现了对环境的有效保护并取得了较好的社会效果,因此成为了各国所广泛关注的制度。通过分析,环境标志应当是指由独立的第三方基于一定的标准,同意申请者使用的以表明产品和服务在其生命周期中符合环境保护要求的特殊符号或标志。根据国际标准化组织的分类,环境标志又可以细分为Ⅰ型环境标志、Ⅱ型环境标志和Ⅲ型环境标志,这三种标志具有各自的调整对象和特点,在客观上满足了商家和消费者的不同需求。 本文在第二部分讨论了国外的环境标志制度的实施状况。自1977年开始,全球已有30多个国家先后建立了自己的环境标志制度,并在环境标志的管理机构、环境标志产品标准的制定程序、环境标志制度中的公众参与、日常管理和国际合作与互认方面积累了较为丰富的经验,这些都值得我国吸收和借鉴。同时,在《21世纪议程》、世界贸易组织的相关规定以及国家标准化组织的有关规定中,对环境标志也予以了相关规定,这些规定为促进各国环境标志之间的互认与合作起到了积极的作用。 本文在第三部分对我国的环境标志制度的实施现状进行了具体分析。我国环境标志制度于1993年正式启动,经过十几年的发展,我国环境标志的法制化进程已经步入正轨,初步形成了以环境管理为主的,以商标保护和合同保护为主要保障方式的法律保障体系。但应当看到的是,我国的环境标志制度也存在着许多的问题,最重要的原因在于环境标志制度的制度本身设计不够合理:制度本身既不够健全,同时也缺少相关辅助制度的配套保障,环境标志制度成为了单一、孤立的制度。因此我国的环境标志制度还需要进行不断的完善。明确这些问题,是我们进行下一步研究的开始。 本文在第四部分从生态消费的角度入手对环境标志法律制度进行了制度革新,对我国环境标志制度的完善提出了具体的建议。这就首先需要明确其定位:环境标志制度属于生态消费法律体系中的一个具体制度,同时,其在生态消费法律体系中处于核心地位。环境标志制度属于消费者义务,正确理解这一点,将有助于建构人与环境的友好关系,实现人与人之间的和谐共处,真正体现人的存在价值。当然,对环境标志制度本身也应当不断的完善和改进,例如应当尽快制定《环境标志管理条例》、完善环境标志管理的相关环节、明确公众参与的方式、制定环境标志救济制度等。当更为重要的是,环境标志制度不应当是独立的,它理应与生态消费法律制度体系下的其他相关制度发生联系,并彼此协调。根据前文的分析,政府绿色补贴制度、政府绿色采购制度、消费税收制度和绿色信贷制度等都应当成为环境标志制度的配套制度,从而合理构建起以环境标志制度为核心的生态消费法律制度体系,真正发挥环境标志的实效,实现对消费行为的引导作用。
[Abstract]:In order to comply with the objective requirement of the consumer's increasing attention to the environmental protection and the objective circumstances of the environmental management, the environmental marking system was created in the middle and late of the last century. As the environment mark system is free from the compulsory of the traditional administrative management means, the effective protection of the environment is realized through the induced economic stimulation mode, and a good social effect is achieved, so that the system has become a system of wide interest to all countries. By analysis, the environmental mark shall mean special symbols or marks that are used by the applicant to indicate that the products and services conform to the environmental protection requirements in their life cycle, based on certain criteria by an independent third party. According to the classification of the International Organization for Standardization, the environmental mark can be subdivided into type I environment mark, type II environment mark and type III environment mark. In the second part, the paper discusses the reality of the foreign environmental marking system At the beginning of 1977, more than 30 countries in the world have set up their own environmental mark system, and in the environmental sign management organization, the environment mark product standard development procedure, the environmental marking system public The participation, day-to-day management and international cooperation and mutual recognition have accumulated rich experience, all of which are worthy of our country's absorption It is also relevant to the relevant provisions of the World Trade Organization and the relevant provisions of the national standardization organizations, which have played a positive role in promoting mutual recognition and cooperation among the environmental indicators of all countries. The effect of the third part on the implementation of the environmental sign system in China The system of environmental mark in China is officially launched in 1993. After more than ten years' development, the legal process of environmental mark in China has been on the right track, and the environmental management is the main form, and the main safeguard mode is to protect the trademark and protect the contract. But it is important to see that the system of the environmental marking system is not reasonable enough, and the system itself is not perfect, but also lacks relevant assistance. The system is supported by the system, and the system of environmental sign has become a document. An isolated system. Therefore, the environmental marking system of our country also needs to be It's an ongoing improvement. It's clear that we're going to do it. At the beginning of one-step research, this paper, from the point of view of ecological consumption in the fourth part, has carried on the system innovation to the legal system of environmental mark, and the system of environmental mark in our country Therefore, it is necessary to make clear its location: the environmental marking system belongs to a specific system in the legal system of ecological consumption, and at the same time, it is in ecological consumption It is the core of the legal system. The environmental marking system belongs to the consumer's obligation. It will help to construct the friendly relations between the people and the environment, and realize the harmonious coexistence between the people and the people. The present value of people is truly reflected. Of course, the system of environmental marking should be perfected and improved as soon as possible, for example, the Regulations on the Management of Environmental Marks should be set up as soon as possible, the relevant links of environmental sign management should be improved, and the way of public participation should be clarified. The establishment of the environment mark relief system and so on. When more important, the environmental marking system should not be independent, it should be related to the other relevant system under the system of the legal system of ecological consumption According to the above analysis, the government's green subsidy system, the government's green procurement system, the consumption tax system and the green credit system should be the supporting system of the environmental marking system, so that the construction of the environmental mark system is the core. The system of the legal system of the ecological consumption really plays an important role in the environmental mark.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
本文编号：2491601
[Abstract]:In order to comply with the objective requirement of the consumer's increasing attention to the environmental protection and the objective circumstances of the environmental management, the environmental marking system was created in the middle and late of the last century. As the environment mark system is free from the compulsory of the traditional administrative management means, the effective protection of the environment is realized through the induced economic stimulation mode, and a good social effect is achieved, so that the system has become a system of wide interest to all countries. By analysis, the environmental mark shall mean special symbols or marks that are used by the applicant to indicate that the products and services conform to the environmental protection requirements in their life cycle, based on certain criteria by an independent third party. According to the classification of the International Organization for Standardization, the environmental mark can be subdivided into type I environment mark, type II environment mark and type III environment mark. In the second part, the paper discusses the reality of the foreign environmental marking system At the beginning of 1977, more than 30 countries in the world have set up their own environmental mark system, and in the environmental sign management organization, the environment mark product standard development procedure, the environmental marking system public The participation, day-to-day management and international cooperation and mutual recognition have accumulated rich experience, all of which are worthy of our country's absorption It is also relevant to the relevant provisions of the World Trade Organization and the relevant provisions of the national standardization organizations, which have played a positive role in promoting mutual recognition and cooperation among the environmental indicators of all countries. The effect of the third part on the implementation of the environmental sign system in China The system of environmental mark in China is officially launched in 1993. After more than ten years' development, the legal process of environmental mark in China has been on the right track, and the environmental management is the main form, and the main safeguard mode is to protect the trademark and protect the contract. But it is important to see that the system of the environmental marking system is not reasonable enough, and the system itself is not perfect, but also lacks relevant assistance. The system is supported by the system, and the system of environmental sign has become a document. An isolated system. Therefore, the environmental marking system of our country also needs to be It's an ongoing improvement. It's clear that we're going to do it. At the beginning of one-step research, this paper, from the point of view of ecological consumption in the fourth part, has carried on the system innovation to the legal system of environmental mark, and the system of environmental mark in our country Therefore, it is necessary to make clear its location: the environmental marking system belongs to a specific system in the legal system of ecological consumption, and at the same time, it is in ecological consumption It is the core of the legal system. The environmental marking system belongs to the consumer's obligation. It will help to construct the friendly relations between the people and the environment, and realize the harmonious coexistence between the people and the people. The present value of people is truly reflected. Of course, the system of environmental marking should be perfected and improved as soon as possible, for example, the Regulations on the Management of Environmental Marks should be set up as soon as possible, the relevant links of environmental sign management should be improved, and the way of public participation should be clarified. The establishment of the environment mark relief system and so on. When more important, the environmental marking system should not be independent, it should be related to the other relevant system under the system of the legal system of ecological consumption According to the above analysis, the government's green subsidy system, the government's green procurement system, the consumption tax system and the green credit system should be the supporting system of the environmental marking system, so that the construction of the environmental mark system is the core. The system of the legal system of the ecological consumption really plays an important role in the environmental mark.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前4条
1 张静宜;国际贸易中环境标志制度研究[D];河北经贸大学;2011年
2 李曼妮;限制过度包装法律制度研究[D];西南政法大学;2011年
3 李秀英;我国碳标签法律制度的建立构想[D];山东师范大学;2012年
4 田甜;论消费者环境义务法律制度之构建[D];华东政法大学;2012年
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