绿色消费法律义务研究
发布时间：2018-08-12 09:36
【摘要】：我国自改革开放以来，经济迅猛发展，2010年中国经济总量超过日本成为GDP总量世界第二大国，中国经济的大跨步发展促成了民众生活水平的提高，中国也名副其实地挂上了“消费大国”的称号。在中国经济繁荣的同时，我们不能忽略的事实是：在消费的同时，我国的环境随之恶化。随心所欲地利用资源和毫无节制地排放废弃物，使我国面临着严重的环境问题，人们记忆中的碧水蓝天已经永远存在记忆当中，现在的人们几乎每天都在经历着雾霾，口罩似乎已经成为了人们生活中的必需品。另外，饮用水的污染以及白色垃圾等固体废物的污染也严重干扰着人们的生活，当下的人们似乎都在努力寻找一片净土，一个没有污染的地方，但这似乎只能存在于人们的想象当中，是不存在的。当然，经济的发展要付出一些环境的代价，但是我们在经济发展的同时所付出的环境代价似乎更加惨烈。发达国家已经经历过环境灾难，这些灾难看似离我们很遥远，但是如果我们不改变自己，不保护环境，那么这些灾难终究会在我国上演，所以这一切都值得我们反思。然而，要想根本杜绝环境污染也是不可能实现的，社会还要发展，人类还要进步，人们的生活也离不开生产和消费，这就必然会造成环境污染。而环境污染产生的原因很多，也十分复杂，本文也仅从消费方面来进行规范，尽量减少消费对环境产生的不良影响。 人们的消费水平随着中国经济的迅猛发展而不断提升，但是代价也是巨大的，需要承受巨大的资源消耗和严重的环境污染。人类的不良的消费方式造成了对自然的掠夺和对环境的破坏。马克思认为，生产不仅是消费的起点，也是消费的终点，消费不但实现生产，相反的还会促进生产，并且消费也会影响交换和分配。因此消费具有重要的地位，我们必须调整自己的消费模式，转变对环境产生破坏和污染的消费方式。于是，绿色消费的理念应运而生。 绿色消费的概念对我们来说并不陌生，中国消费者协会于2001年成立“绿色消费”年，倡导“绿色消费”。但是至今绿色消费收到的成效并不尽如人意。要想使绿色消费真正发挥作用，实现其价值，还有很多需要发展和健全的地方。我国是有着众多人口的发展中国家，每个公民都是消费者，每个人也都离不开消费行为。然而长期以来，我们多囿于对消费者权益的保护，却忘记了消费者作为社会的一员也应承担相应的义务。如果导致环境破坏和资源挥霍的消费行为一直继续下去，就会形成经济越发展，消费水平越发达，环境却越是恶化的恶性循环。特别是在当前，在保持经济稳定增长的前提下，更要保证经济的又好又快发展，也更应注意到刺激消费并不代表容忍消费，消费者的绿色消费义务理应受到法制层面的关注。由于社会普遍认为生产者与消费者实力失衡，在地位上是不对等的，法律就更加倾向于对消费者权利的保护，不过在保护消费者权利的同时，也应规定其应该负有的义务，其中就应该包括保护环境的义务。1在我们着力倡导生态文明的同时，也应该注意到消费文明的重要性，而对消费者苛以绿色消费法律义务，正是实现消费文明的重要途径，也是进而实现生态文明的重要一环。在当代社会提倡促进循环经济的发展，然而绿色消费不仅是循环经济的内在驱动力，也是循环经济在消费领域的具体形式。 我国各省都在倡导绿色消费，国家的方针也是倡导绿色消费，可见其在我国是一种大趋势，并且在日本以及一些欧洲国家，绿色消费已经形成规模，这些给我国实行绿色消费提供了借鉴。不过，我国在实行绿色消费上还面临着来自政府、企业、个人等多方面主体带来的问题，因此本文旨在对这些责任主体规定法律义务，来保障绿色消费在我国的实现。
[Abstract]:Since the reform and opening up, China's economy has developed rapidly. In 2010, China's total economic output surpassed Japan's and became the second largest country in the world. The rapid development of China's economy has contributed to the improvement of people's living standards. China is also veritably entitled as a "consuming power". While China's economy is prosperous, we can not ignore it. The fact is: while consuming, our country's environment deteriorates. Utilizing resources at will and discharging wastes without restraint make our country face serious environmental problems. The blue water and blue sky in people's memory have always been in memory. Now people are experiencing fog almost every day, and masks seem to have become. In addition, the pollution of drinking water and solid waste such as white garbage also seriously interfere with people's lives. At present, people seem to be trying to find a clean land, a place without pollution, but this seems to exist only in people's imagination, does not exist. Developed countries have experienced environmental disasters that seem distant from us, but if we do not change ourselves and protect the environment, then these disasters will eventually occur in our country, so it is all worth it. However, if we want to fundamentally eliminate environmental pollution is also impossible to achieve, social development, human progress, people's lives are inseparable from production and consumption, which will inevitably lead to environmental pollution. The adverse effects of less consumption on the environment.
With the rapid development of China's economy, people's consumption level has been rising, but the cost is enormous, and they need to bear huge consumption of resources and serious environmental pollution. At the end, consumption not only realizes production, on the contrary, it also promotes production, and consumption also affects exchange and distribution. Therefore, consumption has an important position. We must adjust our consumption patterns, and change the consumption patterns which cause damage and pollution to the environment.
The concept of green consumption is not unfamiliar to us. The Chinese Consumer Association established the year of "green consumption" in 2001 and advocated "green consumption". However, the results of green consumption so far have not been satisfactory. In a developing country with a large population, every citizen is a consumer, and everyone can not do without consumer behavior. However, for a long time, we have been confined to the protection of consumer rights and interests, but forget that consumers as a member of society should also assume the corresponding obligations. If the environmental damage and resource waste caused by consumer behavior has been continued. Continue to go on, will form the more economic development, the more developed the level of consumption, the worse the vicious circle of environmental deterioration. Especially at present, in the premise of maintaining stable economic growth, more to ensure the sound and rapid development of the economy, but also pay attention to stimulating consumption does not mean tolerating consumption, consumers'green consumption obligations should be subject to the legal system. As society generally believes that producers and consumers are imbalanced in power and status, the law is more inclined to protect consumers'rights, but at the same time, consumer rights should also be protected, which should include the obligation to protect the environment. At the same time of ecological civilization, we should also pay attention to the importance of consumption civilization. It is an important way to realize consumption civilization and an important link to realize ecological civilization to impose strict legal obligations on consumers with green consumption. Force is also a specific form of circular economy in the field of consumption.
China's provinces are advocating green consumption, and the state's policy is also advocating green consumption, which shows that it is a major trend in China, and in Japan and some European countries, green consumption has formed a scale, which provides a reference for China to implement green consumption. Therefore, this paper aims to stipulate legal obligations to these responsible subjects to ensure the realization of green consumption in China.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2178659
[Abstract]:Since the reform and opening up, China's economy has developed rapidly. In 2010, China's total economic output surpassed Japan's and became the second largest country in the world. The rapid development of China's economy has contributed to the improvement of people's living standards. China is also veritably entitled as a "consuming power". While China's economy is prosperous, we can not ignore it. The fact is: while consuming, our country's environment deteriorates. Utilizing resources at will and discharging wastes without restraint make our country face serious environmental problems. The blue water and blue sky in people's memory have always been in memory. Now people are experiencing fog almost every day, and masks seem to have become. In addition, the pollution of drinking water and solid waste such as white garbage also seriously interfere with people's lives. At present, people seem to be trying to find a clean land, a place without pollution, but this seems to exist only in people's imagination, does not exist. Developed countries have experienced environmental disasters that seem distant from us, but if we do not change ourselves and protect the environment, then these disasters will eventually occur in our country, so it is all worth it. However, if we want to fundamentally eliminate environmental pollution is also impossible to achieve, social development, human progress, people's lives are inseparable from production and consumption, which will inevitably lead to environmental pollution. The adverse effects of less consumption on the environment.
With the rapid development of China's economy, people's consumption level has been rising, but the cost is enormous, and they need to bear huge consumption of resources and serious environmental pollution. At the end, consumption not only realizes production, on the contrary, it also promotes production, and consumption also affects exchange and distribution. Therefore, consumption has an important position. We must adjust our consumption patterns, and change the consumption patterns which cause damage and pollution to the environment.
The concept of green consumption is not unfamiliar to us. The Chinese Consumer Association established the year of "green consumption" in 2001 and advocated "green consumption". However, the results of green consumption so far have not been satisfactory. In a developing country with a large population, every citizen is a consumer, and everyone can not do without consumer behavior. However, for a long time, we have been confined to the protection of consumer rights and interests, but forget that consumers as a member of society should also assume the corresponding obligations. If the environmental damage and resource waste caused by consumer behavior has been continued. Continue to go on, will form the more economic development, the more developed the level of consumption, the worse the vicious circle of environmental deterioration. Especially at present, in the premise of maintaining stable economic growth, more to ensure the sound and rapid development of the economy, but also pay attention to stimulating consumption does not mean tolerating consumption, consumers'green consumption obligations should be subject to the legal system. As society generally believes that producers and consumers are imbalanced in power and status, the law is more inclined to protect consumers'rights, but at the same time, consumer rights should also be protected, which should include the obligation to protect the environment. At the same time of ecological civilization, we should also pay attention to the importance of consumption civilization. It is an important way to realize consumption civilization and an important link to realize ecological civilization to impose strict legal obligations on consumers with green consumption. Force is also a specific form of circular economy in the field of consumption.
China's provinces are advocating green consumption, and the state's policy is also advocating green consumption, which shows that it is a major trend in China, and in Japan and some European countries, green consumption has formed a scale, which provides a reference for China to implement green consumption. Therefore, this paper aims to stipulate legal obligations to these responsible subjects to ensure the realization of green consumption in China.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
【参考文献】
相关期刊论文 前2条
1 付新华;郑翔;;完善绿色消费法律制度的设想[J];北京交通大学学报(社会科学版);2010年03期
2 刘伯雅;;我国发展绿色消费存在的问题及对策分析——基于绿色消费模型的视角[J];当代经济科学;2009年01期
，本文编号：2178659
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