我国医疗废物回收与处置法律制度研究

发布时间：2018-05-11 23:05

本文选题：医疗废物 + 循环经济　；参考：《西安建筑科技大学》2008年硕士论文

【摘要】： 改革开放以来,我国医疗卫生机构得到了极大的发展。医疗卫生机构在为国民健康服务的同时产生了大量的医疗废弃物。医疗废物具有高危险性、处置专业性和难消除性,被《国家危险废物名录》列为第一类危险物质。2003年非典爆发以后,国务院紧急出台了《医疗废物管理条例》。随后,卫生部、省级政府也出台了一系列法律法规对医疗废物的回收与处置进行规范。但是,我国医疗废物回收与处置仍面临很多问题。本文的研究内容主要包括以下四个部分: 第一部分,本文从界定医疗废物的概念及特征入手,阐述了我国医疗废物分类的不足及借鉴德国先进经验完善我国医疗废物分类方法。对我国医疗废物回收处置的必要性和可行性以及回收处置现状进行分析,归纳出我国存在医疗废物流入生活垃圾现象严重,医疗废物收费制度不合理等问题。第二部分,笔者对我国的医疗废物回收与处置法律、法规进行梳理,指出其不足之处,例如目前我国环境保护法律体系不完备、对医疗废物回收处置中违法行为处罚过轻等。此外,笔者还就外国医疗废物回收与处置的立法状况及其先进的法律制度进行分析,并总结了其对我国的启示和借鉴作用。第三部分,笔者认为我国应以循环经济为理念构建我国的医疗废物回收与处置法律制度。详细阐述了循环经济的基本原则,即资源化原则、减量化原则和无害化原则在医疗废物回收与处置中的应用。第四部分,本文详细分析了完善医疗废物回收与处置的八项法律制度,指出我国应当建立医疗废物处置收费制度,建立公众参与、加强从业人员培训的法律制度,全过程管理制度,生产者延伸负责法律制度,集中处置法律制度,建立环境经济刺激制度,医疗废物强制回收制度以及建立严格的医疗废物回收与处置法律责任制度。
[Abstract]:Since the reform and opening up, China's medical and health institutions have been greatly developed. Medical and health institutions produce a large amount of medical waste while serving national health. Medical waste is highly hazardous, professional and difficult to eliminate, so it is listed as the first class of hazardous substances by the National list of Hazardous wastes. After the outbreak of SARS in 2003, the State Council issued the "regulations on the Management of Medical wastes" urgently. Subsequently, the Ministry of Health and provincial governments also issued a series of laws and regulations to regulate the recovery and disposal of medical waste. However, China's medical waste recovery and disposal still face many problems. The research content of this paper mainly includes the following four parts: In the first part, starting with defining the concept and characteristics of medical waste, this paper expounds the deficiency of medical waste classification in China and consummates the classification method of medical waste in China by learning from Germany's advanced experience. The necessity and feasibility of medical waste recovery and disposal in China and the present situation of recovery and disposal are analyzed. The problems such as serious medical waste flowing into domestic garbage and unreasonable charging system of medical waste are concluded. In the second part, the author combs the laws and regulations of medical waste recovery and disposal in our country, and points out their shortcomings, such as the incomplete legal system of environmental protection in our country, the punishment of the illegal behavior in the recovery and disposal of medical waste is too light, and so on. In addition, the author also analyzes the legislative situation and advanced legal system of medical waste recovery and disposal in foreign countries, and summarizes its enlightenment and reference to our country. In the third part, the author thinks that our country should construct the legal system of medical waste recovery and disposal with the idea of circular economy. In this paper, the basic principles of recycling economy, that is, the principle of recycling, the principle of reduction and the principle of innocuity in the recovery and disposal of medical waste are expounded in detail. In the fourth part, this paper analyzes in detail the eight legal systems for the recovery and disposal of medical waste, and points out that China should establish a charging system for medical waste disposal, establish public participation, and strengthen the legal system for training practitioners. The whole process management system, the producer extension is responsible for the legal system, the centralized disposal legal system, the establishment environment economic stimulation system, the medical waste compulsory recovery system and the strict medical waste recovery and disposal legal liability system.
【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】：2008
【分类号】：D922.68;X799.5

【引证文献】