我国生产者责任延伸法律制度研究
发布时间：2018-07-28 12:11
【摘要】： 从20世纪60年代经济的高速发展时期起,世界的物质生产能力大大增强。与此同时,资源的过量消耗和环境的恶化,也使得人类认识到这种资源浪费型和环境破坏型的生产方式难以为继。基于此,与传统工业经济相比较而言的循环经济理念被提了出来。它按照生态学规律,将人类经济活动组织成为“资源——生产——消费——再生资源”的循环流动过程。生产者延伸责任制度(Extended Producer Responsibility,EPR)作为企业贯彻循环经济理念的重要制度也成了理论和实践的热点。生产者延伸责任制度是指以生产者为主导的责任主体对产品的整个生命周期的环境影响负责,重点是承担“绿色设计”责任和消费后所产生的废弃物回收管理责任。鉴于生产者责任延伸制度在我国发展还很落后,本文主要介绍生产者责任延伸制度的相关基本内容,在国内外的发展现状,并提出在我国推进生产者责任延伸制度的一些建议。 文章开头为基础性理论部分,主要介绍研究生产者责任延伸制度的背景、意义,国内外研究动态和研究方法等问题;随后介绍生产者责任延伸制度的内容和该制度的理论基础;接着通过介绍生产者责任延伸制度的法律关系分析,包括该法律关系中的主体、客体和内容,明确我们对生产者责任延伸制度的感性认识;然后介绍生产者责任延伸制度在我国的发展情况和存在问题,根据前文所述,介绍实现生产者责任延伸的法律制度和相关配套制度;结语部分是对全文的总结概况和对我国构建生产者责任延伸制度的前景展望。 本文的创新之处在于:第一,通过对“三种废弃物回收模式”的学习和比较,总结出适合我国的废弃物回收的发展模式并提出符合我国国情的实现生产者责任延伸制度的“三步走”发展思路;第二,提出推行生产者责任延伸制度的主体不限于生产者本身,还在于其他相关主体,特别阐述了行业协会在推行生产者责任延伸制度中如何发挥自己的作用。
[Abstract]:Since the high-speed economic development period in the 1960 s, the material production capacity of the world has been greatly enhanced. At the same time, the excessive consumption of resources and the deterioration of the environment also make people realize that the mode of production of resource waste and environmental destruction is difficult to sustain. Based on this, compared with the traditional industrial economy, the concept of circular economy has been put forward. According to the ecological law, the human economic activities are organized into the circular flow process of "resources-production-consumption-renewable resources". The extended producer responsibility system (Extended Producer), as an important system for enterprises to carry out the concept of circular economy, has also become a hot spot in theory and practice. The extended producer responsibility system refers to the responsibility of the producer-led subject for the environmental impact of the whole life cycle of the product, with emphasis on the responsibility of "green design" and the responsibility of waste recovery and management after consumption. In view of the backward development of the extended producer responsibility system in China, this paper mainly introduces the basic contents of the extended producer responsibility system, the development situation at home and abroad, and puts forward some suggestions to promote the extended producer responsibility system in China. The article begins with the basic theory, mainly introduces the background, significance, research trends and research methods of the extended system of producer responsibility, and then introduces the content and the theoretical basis of the extended system of producer responsibility. Then, by introducing the legal relationship analysis of the extended producer responsibility system, including the subject, object and content of the legal relationship, it is clear that we have a perceptual understanding of the extended producer responsibility system; Then it introduces the development and existing problems of the extended producer responsibility system in our country. According to the above mentioned, it introduces the legal system and related supporting system to realize the extension of producer responsibility. The conclusion part is the summary of the full text and the prospect of constructing the extended system of producer responsibility in China. The innovations of this paper are as follows: first, through the study and comparison of "three waste recovery modes", Summing up the development mode of waste recovery suitable for our country and putting forward the "three-step" development thought of realizing the extended system of producer responsibility in accordance with the national conditions of our country; second, This paper puts forward that the main body of the extended system of producer responsibility is not limited to the producer itself, but also lies in other related subjects, especially expounds how the trade association plays its role in the implementation of the extended system of producer responsibility.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
本文编号：2150096
[Abstract]:Since the high-speed economic development period in the 1960 s, the material production capacity of the world has been greatly enhanced. At the same time, the excessive consumption of resources and the deterioration of the environment also make people realize that the mode of production of resource waste and environmental destruction is difficult to sustain. Based on this, compared with the traditional industrial economy, the concept of circular economy has been put forward. According to the ecological law, the human economic activities are organized into the circular flow process of "resources-production-consumption-renewable resources". The extended producer responsibility system (Extended Producer), as an important system for enterprises to carry out the concept of circular economy, has also become a hot spot in theory and practice. The extended producer responsibility system refers to the responsibility of the producer-led subject for the environmental impact of the whole life cycle of the product, with emphasis on the responsibility of "green design" and the responsibility of waste recovery and management after consumption. In view of the backward development of the extended producer responsibility system in China, this paper mainly introduces the basic contents of the extended producer responsibility system, the development situation at home and abroad, and puts forward some suggestions to promote the extended producer responsibility system in China. The article begins with the basic theory, mainly introduces the background, significance, research trends and research methods of the extended system of producer responsibility, and then introduces the content and the theoretical basis of the extended system of producer responsibility. Then, by introducing the legal relationship analysis of the extended producer responsibility system, including the subject, object and content of the legal relationship, it is clear that we have a perceptual understanding of the extended producer responsibility system; Then it introduces the development and existing problems of the extended producer responsibility system in our country. According to the above mentioned, it introduces the legal system and related supporting system to realize the extension of producer responsibility. The conclusion part is the summary of the full text and the prospect of constructing the extended system of producer responsibility in China. The innovations of this paper are as follows: first, through the study and comparison of "three waste recovery modes", Summing up the development mode of waste recovery suitable for our country and putting forward the "three-step" development thought of realizing the extended system of producer responsibility in accordance with the national conditions of our country; second, This paper puts forward that the main body of the extended system of producer responsibility is not limited to the producer itself, but also lies in other related subjects, especially expounds how the trade association plays its role in the implementation of the extended system of producer responsibility.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
【引证文献】
相关会议论文 前1条
1 黄新谋;彭盛开;;EPR在我国电器产品回收实践中面临的法律困境及对策[A];经济发展与管理创新--全国经济管理院校工业技术学研究会第十届学术年会论文集[C];2010年
相关硕士学位论文 前1条
1 潘峰;我国生产者责任延伸制度研究[D];湖南大学;2012年
，本文编号：2150096
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