我国城市生活垃圾分类的法律规制研究
发布时间：2019-06-19 02:12
【摘要】： 发达国家的经验证明,对城市生活垃圾进行分类是有效解决城市生活垃圾问题的必然选择。要实现城市生活垃圾分类,不仅需要市民参与、管理跟进、技术支持等作为条件,还需要法律规制从制度到实践进行保障。在我国,城市生活垃圾分类的法律规制虽已出台,但存在诸多问题,实施效果不理想,针对该问题的研究较少。因此,作者试图通过对我国现有城市生活垃圾分类法律规制的梳理、考察和分析,探索如何完善、建构相应的法律规制。从而使法律规制切实保障城市生活垃圾分类,实现垃圾资源的回收和利用,最终实现城市生活垃圾减量化、资源化和无害化,促进环境保护和经济社会的协调发展。 作者首先对我国城市生活垃圾分类法律规制的创制现状(立法体系、立法过程及立法原则)和实施现状(法律关系相关主体、法律落实情况和各种法律手段)进行梳理和考察。然后分析了我国现行城市生活垃圾分类法律规制中存在的问题。指出在法律创制中存在立法体系不健全、立法技术不到位等问题,而法律实施中则存在执法主体与守法主体混同、责任制度不健全以及公众参与度不高等问题。在此基础上,作者最后从立法体系及配套机制两方面提出了建构和完善我国城市生活垃圾分类法律规制的建议和构想。在研究中,作者运用可持续发展理论和循环经济理论,通过清理文献资料,了解城市生活垃圾分类法律规制的最新研究成果,尝试运用历史／比较分析方法、实证分析和规范分析方法对问题进行分析和研究。 作者认为,在我国现行城市生活垃圾分类的法律规制中,无论是法律创制还是法律实施领域均存在诸多问题。对于这些问题,必须通过确立正确的立法指导思想、改进和完善国家及地方层面立法,同时逐步完善其他各项配套机制来实现。本文的创新点在于,首次对我国城市生活垃圾分类法律规制的立法体系进行系统详细的梳理；同时摒弃以往单独为垃圾分类进行立法的主张,提出了以《循环经济促进法》为基本法,以《废弃物回收利用法》为综合性法律,以其他各项配套法律法规和地方性法律法规为补充的新的立法体系。
[Abstract]:The experience of developed countries has proved that the classification of municipal solid waste (MSW) is an inevitable choice to solve the problem of MSW effectively. In order to realize the classification of municipal solid waste (MSW), it not only needs the participation of citizens, management follow-up, technical support and so on, but also needs the legal regulation to guarantee from system to practice. In our country, although the legal regulation of municipal solid waste classification has been issued, there are many problems, the implementation effect is not ideal, and the research on this problem is less. Therefore, the author attempts to sort out, investigate and analyze the existing legal regulation of municipal solid waste classification in China, and explore how to perfect and construct the corresponding legal regulation. Thus, the legal regulation can ensure the classification of municipal solid waste (MSW), realize the recovery and utilization of MSW, and finally realize the reduction, resource and innocuity of MSW, and promote the coordinated development of environmental protection and economy and society. First of all, the author combs and investigates the present situation (legislative system, legislative process and legislative principles) and implementation status (related subjects of legal relations, legal implementation and various legal means) of the legal regulation of municipal solid waste classification in China. Then it analyzes the problems existing in the current legal regulation of municipal solid waste classification in China. It is pointed out that there are some problems in the legal creation, such as the imperfect legislative system and the lack of legislative technology, while in the implementation of the law, there are some problems, such as the mixing of the subject of law enforcement and the subject of abiding by the law, the imperfect responsibility system and the low degree of public participation. On this basis, the author finally puts forward some suggestions and ideas to construct and perfect the legal regulation of municipal solid waste classification in China from two aspects of legislative system and supporting mechanism. In the study, the author uses the theory of sustainable development and circular economy, through cleaning up the literature, to understand the latest research results of the legal regulation of municipal solid waste classification, and tries to use historical / comparative analysis methods, empirical analysis and normative analysis methods to analyze and study the problems. The author holds that there are many problems in the current legal regulation of municipal solid waste classification in China, both in the field of legal creation and in the field of legal implementation. For these problems, we must establish the correct legislative guiding ideology, improve and improve the legislation at the national and local levels, and gradually improve other supporting mechanisms. The innovation of this paper lies in the systematic and detailed combing of the legislative system of the legal regulation of municipal solid waste classification in China for the first time, and abandons the idea of legislating separately for garbage classification in the past, and puts forward a new legislative system which takes the Circular economy Promotion Law as the basic Law, the waste Recycling Law as the comprehensive law, and other supporting laws and regulations and local laws and regulations as the supplement.
【学位授予单位】：西安建筑科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
本文编号：2501986
[Abstract]:The experience of developed countries has proved that the classification of municipal solid waste (MSW) is an inevitable choice to solve the problem of MSW effectively. In order to realize the classification of municipal solid waste (MSW), it not only needs the participation of citizens, management follow-up, technical support and so on, but also needs the legal regulation to guarantee from system to practice. In our country, although the legal regulation of municipal solid waste classification has been issued, there are many problems, the implementation effect is not ideal, and the research on this problem is less. Therefore, the author attempts to sort out, investigate and analyze the existing legal regulation of municipal solid waste classification in China, and explore how to perfect and construct the corresponding legal regulation. Thus, the legal regulation can ensure the classification of municipal solid waste (MSW), realize the recovery and utilization of MSW, and finally realize the reduction, resource and innocuity of MSW, and promote the coordinated development of environmental protection and economy and society. First of all, the author combs and investigates the present situation (legislative system, legislative process and legislative principles) and implementation status (related subjects of legal relations, legal implementation and various legal means) of the legal regulation of municipal solid waste classification in China. Then it analyzes the problems existing in the current legal regulation of municipal solid waste classification in China. It is pointed out that there are some problems in the legal creation, such as the imperfect legislative system and the lack of legislative technology, while in the implementation of the law, there are some problems, such as the mixing of the subject of law enforcement and the subject of abiding by the law, the imperfect responsibility system and the low degree of public participation. On this basis, the author finally puts forward some suggestions and ideas to construct and perfect the legal regulation of municipal solid waste classification in China from two aspects of legislative system and supporting mechanism. In the study, the author uses the theory of sustainable development and circular economy, through cleaning up the literature, to understand the latest research results of the legal regulation of municipal solid waste classification, and tries to use historical / comparative analysis methods, empirical analysis and normative analysis methods to analyze and study the problems. The author holds that there are many problems in the current legal regulation of municipal solid waste classification in China, both in the field of legal creation and in the field of legal implementation. For these problems, we must establish the correct legislative guiding ideology, improve and improve the legislation at the national and local levels, and gradually improve other supporting mechanisms. The innovation of this paper lies in the systematic and detailed combing of the legislative system of the legal regulation of municipal solid waste classification in China for the first time, and abandons the idea of legislating separately for garbage classification in the past, and puts forward a new legislative system which takes the Circular economy Promotion Law as the basic Law, the waste Recycling Law as the comprehensive law, and other supporting laws and regulations and local laws and regulations as the supplement.
【学位授予单位】：西安建筑科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【引证文献】
相关期刊论文 前1条
1 罗颖诗;;城市垃圾分类政策实施研究述评[J];山东省农业管理干部学院学报;2013年04期
相关硕士学位论文 前3条
1 王辉;西安市城市生活垃圾处理体系的对策研究[D];陕西师范大学;2012年
2 袁珍;城市生活垃圾分类政策执行梗阻及消解[D];广州大学;2012年
3 张豪兰;旅游城市生活垃圾分类收集模式研究[D];华中科技大学;2012年
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