论可持续发展背景下我国循环经济法律制度的完善
发布时间：2019-06-19 16:31
【摘要】： 以“大量消耗自然资源——大量生产——大量废弃——大量污染”为特征的传统经济发展模式,导致资源浪费、生态恶化,严重制约了社会经济的可持续发展。自1992年世界各国就可持续发展达成共识以来,美国、德国、日本等发达国家和一些发展中国家积极探索促进可持续发展的经济模式,最终提出了循环经济发展模式。循环经济作为一种最大限度地利用资源和保护环境的经济发展模式,是当今世界解决可持续发展问题的最佳途径,也是我国经济发展到一定阶段的客观要求。发展循环经济是解决我国日益严重的环境污染问题,实现经济增长方式从“粗放型”向“集约型”转变,落实科学发展观,建设资源节约环境友好型社会的重要途径。正如谢振华所指出的那样,发展经济与环境保护是传统经济不可避免的突出矛盾,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,也是有识之士达成的共识。 循环经济的健康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。本文从政府、企业、社会公众三方入手,结合我国循环经济发展初期的现实状况,以实用、适用为原则,选择其中几项主要制度来构建循环经济法律制度体系,并注重分析各制度间的有机联系及互动关系,以期发挥制度体系的整体作用。全文除引言外,共分为四大部分: 第一部分,通过介绍循环经济理念的产生,引出对循环经济及其法律制度基本内容的概述。分析了循环经济的概念、本质和具体表现,并且论述了制度及法律制度的定义以及与其他手段相比法律制度所具有的优越性,以此来论证循环经济法律制度存在的必要性和重要性。更重要的是,文章论述了构建循环经济法律制度所需的生态伦理观以及可持续发展思想。 第二、三部分,主要介绍了国内外关于循环经济法律制度的现状。文章选取美国、德国、日本等发达国家的循环经济法律法规为例,介绍了国外的循环经济主要法律制度。另外文章还概述了我国循环经济法律的发展及所取得的阶段性成果,同时分析了我国循环经济法律制度存在的主要问题。 第四部分是文章的主体部分。该章阐述了我国循环经济法律制度应确立的指导思想和基本原则,根据政府、企业、社会公众在发展循环经济中的不同作用,选取了几项法律制度来构建循环经济法律制度体系。其中有关政府推动方面的法律制度是主导,政府应综合运用法律和经济手段来规制、引导、激励循环经济的发展;有关企业社会责任方面的制度是主体,包括清洁生产法律制度和生产者责任延伸制度;公众绿色消费法律制度是基础,实施绿色消费有利于促进企业自主自动地实施循环经济;绿色科技创新是支撑,是发展循环经济的关键性因素。此外,文章还十分重视对制度体系整体性的论述,通过各制度间的相互作用、相互协调,使循环经济主要法律制度体系的功能得到更好的发挥。
[Abstract]:The traditional economic development mode, which is characterized by the "Mass consumption of natural resources _ large production _ large amount of waste _ large amount of pollution", leads to the waste of resources and the deterioration of the ecological environment, which seriously restricts the sustainable development of the social economy. Since 1992, since the world has reached a consensus on sustainable development, the United States, Germany, Japan and other developed countries and some developing countries have actively explored the economic model of promoting sustainable development, and finally put forward the mode of circular economy development. The circular economy is the best way to solve the problem of sustainable development in the world, and it is an objective requirement for the development of our country to a certain stage. The development of circular economy is an important way to solve the serious environmental pollution in China, to change from the "extensive type" to the "intensive type", to implement the scientific development view and to build resources and to save the environment-friendly society. As Xie Zhenhua points out, the development of economy and environmental protection is the inevitable contradiction of the traditional economy. To fundamentally solve the deep contradiction, it is necessary to realize the transformation from the traditional economy to the circular economy, which is the strategic choice of the 21st century. It is also a consensus reached by people of insight. The healthy development of the circular economy needs the law and the system as the guarantee, and the construction of the circular economy legal system system becomes the weight of the circular economy development This paper, starting with the three parties from the government, the enterprise and the public, and combining with the reality of the initial stage of the development of the circular economy in our country, based on the practical and applicable principles, chooses several main systems to build the system of the circular economy legal system, and pays attention to the analysis of the organic relation between the systems and the interaction dynamic relationship with a view to playing the whole system Body function. The full text is divided into four in addition to the introduction The first part, through the introduction of the production of the idea of circular economy, leads to the circulation economy and its legal system. The basic contents are summarized. The concept, essence and concrete performance of the circular economy are analyzed, and the definition of the system and the legal system and the superiority of the legal system as compared with other means are discussed, so as to demonstrate the existence of the circular economy legal system. The necessity and importance. More importantly, the article discusses the ecological ethics required to construct the circular economy legal system. The thought of sustainable development. Part two, three parts, mainly introduces the domestic and foreign about The current situation of the legal system of circular economy is introduced in this paper. The circulation economic laws and regulations of the developed countries such as the United States, Germany and Japan are taken as an example and the foreign countries are introduced. The paper also gives an overview of the development of China's circular economy law and the achievements of the period, and analyzes the circular economy in our country. The main problems in the legal system. The fourth part is the main part of the article. The chapter expounds the guiding ideology and the basic principle that should be established in the legal system of the circular economy of our country, and selects several laws according to the different roles of the government, the enterprise and the public in the development of the circular economy The system of the system is the system of the legal system of the circular economy, in which the legal system on the promotion of the government is the main, the government should use the legal and economic means to regulate, guide and stimulate the development of the circular economy, and the system of the social responsibility of the enterprise is the main body, including the clean generation. The law system and the producer responsibility extension system; the public green consumption legal system is the foundation, the implementation of green consumption is favorable to the promotion of the enterprise to implement the circular economy automatically and automatically; the green science and technology innovation is the branch The support is the key factor of the development of the circular economy. In addition, the article also attaches great importance to the discussion of the integrity of the system, and through the interaction among the systems, the main method of the circular economy is made.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6;D922.29;F205
[Abstract]:The traditional economic development mode, which is characterized by the "Mass consumption of natural resources _ large production _ large amount of waste _ large amount of pollution", leads to the waste of resources and the deterioration of the ecological environment, which seriously restricts the sustainable development of the social economy. Since 1992, since the world has reached a consensus on sustainable development, the United States, Germany, Japan and other developed countries and some developing countries have actively explored the economic model of promoting sustainable development, and finally put forward the mode of circular economy development. The circular economy is the best way to solve the problem of sustainable development in the world, and it is an objective requirement for the development of our country to a certain stage. The development of circular economy is an important way to solve the serious environmental pollution in China, to change from the "extensive type" to the "intensive type", to implement the scientific development view and to build resources and to save the environment-friendly society. As Xie Zhenhua points out, the development of economy and environmental protection is the inevitable contradiction of the traditional economy. To fundamentally solve the deep contradiction, it is necessary to realize the transformation from the traditional economy to the circular economy, which is the strategic choice of the 21st century. It is also a consensus reached by people of insight. The healthy development of the circular economy needs the law and the system as the guarantee, and the construction of the circular economy legal system system becomes the weight of the circular economy development This paper, starting with the three parties from the government, the enterprise and the public, and combining with the reality of the initial stage of the development of the circular economy in our country, based on the practical and applicable principles, chooses several main systems to build the system of the circular economy legal system, and pays attention to the analysis of the organic relation between the systems and the interaction dynamic relationship with a view to playing the whole system Body function. The full text is divided into four in addition to the introduction The first part, through the introduction of the production of the idea of circular economy, leads to the circulation economy and its legal system. The basic contents are summarized. The concept, essence and concrete performance of the circular economy are analyzed, and the definition of the system and the legal system and the superiority of the legal system as compared with other means are discussed, so as to demonstrate the existence of the circular economy legal system. The necessity and importance. More importantly, the article discusses the ecological ethics required to construct the circular economy legal system. The thought of sustainable development. Part two, three parts, mainly introduces the domestic and foreign about The current situation of the legal system of circular economy is introduced in this paper. The circulation economic laws and regulations of the developed countries such as the United States, Germany and Japan are taken as an example and the foreign countries are introduced. The paper also gives an overview of the development of China's circular economy law and the achievements of the period, and analyzes the circular economy in our country. The main problems in the legal system. The fourth part is the main part of the article. The chapter expounds the guiding ideology and the basic principle that should be established in the legal system of the circular economy of our country, and selects several laws according to the different roles of the government, the enterprise and the public in the development of the circular economy The system of the system is the system of the legal system of the circular economy, in which the legal system on the promotion of the government is the main, the government should use the legal and economic means to regulate, guide and stimulate the development of the circular economy, and the system of the social responsibility of the enterprise is the main body, including the clean generation. The law system and the producer responsibility extension system; the public green consumption legal system is the foundation, the implementation of green consumption is favorable to the promotion of the enterprise to implement the circular economy automatically and automatically; the green science and technology innovation is the branch The support is the key factor of the development of the circular economy. In addition, the article also attaches great importance to the discussion of the integrity of the system, and through the interaction among the systems, the main method of the circular economy is made.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6;D922.29;F205
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