绿色《包装法》立法探讨
发布时间：2018-11-27 06:38
【摘要】： 随着人类文明的发展,环境问题日益得到了广泛的关注。因包装所引起的环境问题可谓是其中至关重要,关系国计民生的一类,它包括两个方面,一是因为对包装工业的产品——包装物的管理不善所造成的环境问题;二是包装工业自身带来的环境问题。要从根本上解决包装环境问题,最有效的方法就是实行绿色包装。与包装所引起的环境问题相对应,绿色包装也分为对包装物的绿化和对包装工业的绿化两个环节,而对包装物的绿化则是我国实行绿色包装的重中之重。 本文从横纵两个角度,从国内外的包装理念和相关法规入手,结合中国由产品包装所引发的环境问题的现实情况和目前所采取的法律法规及政策措施,论证了实行绿色包装和对绿色包装实施法律调控的必要性,分析了我国现行立法对绿色包装进行法律调控的基本情况和不足,并提出了对绿色包装加强法律调控的具体建议。建议的基本内容如下:第一,绿色包装法所应体现的指导思想和基本原则;第二,对包装物所引起的环境问题现行法律很难调控,在法律调控的同时还要完善经济手段和机制构建等辅助措施;第三,论述了绿色包装法的效力级别和调整对象,并提出了其应包括的主要内容,即建立包装简化制度、实行包装物回收制度、规定包装废弃物的回收利用标准、实行包装的绿色标志制度、应确保实体法与程序法协调发展,并明确违反的法律责任;第四,加强绿色包装法的执行和监督措施。
[Abstract]:With the development of human civilization, environmental problems have been paid more and more attention. The environmental problem caused by packaging is one of the most important, which is related to the national economy and the people's livelihood. It includes two aspects, one is the environmental problem caused by poor management of packaging products in packaging industry; Second, the packaging industry itself brings environmental problems. The most effective way to solve the problem of packaging environment is to implement green packaging. Corresponding to the environmental problems caused by packaging, green packaging is also divided into two links: green packaging and green packaging industry, and the greening of packaging is the most important part of green packaging in our country. From the angle of horizontal and vertical, this paper starts with the domestic and foreign packaging concepts and relevant laws and regulations, and combines the reality of environmental problems caused by product packaging in China and the laws, regulations and policy measures adopted at present. This paper demonstrates the necessity of carrying out green packaging and implementing legal regulation and control of green packaging, analyzes on the basic situation and shortcomings of the current legislation of our country in carrying out legal regulation and control of green packaging, and puts forward some concrete suggestions for strengthening the legal regulation and control of green packaging. The basic contents of the proposal are as follows: first, the guiding ideology and basic principles of green packaging law should be embodied; Secondly, it is very difficult to regulate the environmental problems caused by packaging, and it is necessary to perfect the economic means and mechanism construction while regulating the law. Thirdly, it discusses the effective level and the adjusting object of the green packaging law, and puts forward the main contents which should be included in it, that is, establishing the packaging simplification system, carrying out the packaging recovery system, and prescribing the standard of the packaging waste recycling. To carry out the green label system of packaging, we should ensure the coordinated development of substantive law and procedural law, and make clear the legal responsibility of violation; Fourth, strengthen the enforcement of green packaging law and supervision measures.
【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】：2009
【分类号】：D922.68
本文编号：2359719
[Abstract]:With the development of human civilization, environmental problems have been paid more and more attention. The environmental problem caused by packaging is one of the most important, which is related to the national economy and the people's livelihood. It includes two aspects, one is the environmental problem caused by poor management of packaging products in packaging industry; Second, the packaging industry itself brings environmental problems. The most effective way to solve the problem of packaging environment is to implement green packaging. Corresponding to the environmental problems caused by packaging, green packaging is also divided into two links: green packaging and green packaging industry, and the greening of packaging is the most important part of green packaging in our country. From the angle of horizontal and vertical, this paper starts with the domestic and foreign packaging concepts and relevant laws and regulations, and combines the reality of environmental problems caused by product packaging in China and the laws, regulations and policy measures adopted at present. This paper demonstrates the necessity of carrying out green packaging and implementing legal regulation and control of green packaging, analyzes on the basic situation and shortcomings of the current legislation of our country in carrying out legal regulation and control of green packaging, and puts forward some concrete suggestions for strengthening the legal regulation and control of green packaging. The basic contents of the proposal are as follows: first, the guiding ideology and basic principles of green packaging law should be embodied; Secondly, it is very difficult to regulate the environmental problems caused by packaging, and it is necessary to perfect the economic means and mechanism construction while regulating the law. Thirdly, it discusses the effective level and the adjusting object of the green packaging law, and puts forward the main contents which should be included in it, that is, establishing the packaging simplification system, carrying out the packaging recovery system, and prescribing the standard of the packaging waste recycling. To carry out the green label system of packaging, we should ensure the coordinated development of substantive law and procedural law, and make clear the legal responsibility of violation; Fourth, strengthen the enforcement of green packaging law and supervision measures.
【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】：2009
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 刘艳青;商品过度包装的法律规制研究[D];广东商学院;2013年
，本文编号：2359719
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