我國生產(chǎn)者責任延伸法律制度研究
發(fā)布時間：2018-07-28 12:11
【摘要】： 從20世紀60年代經(jīng)濟的高速發(fā)展時期起,世界的物質(zhì)生產(chǎn)能力大大增強。與此同時,資源的過量消耗和環(huán)境的惡化,也使得人類認識到這種資源浪費型和環(huán)境破壞型的生產(chǎn)方式難以為繼�；诖�,與傳統(tǒng)工業(yè)經(jīng)濟相比較而言的循環(huán)經(jīng)濟理念被提了出來。它按照生態(tài)學規(guī)律,將人類經(jīng)濟活動組織成為“資源——生產(chǎn)——消費——再生資源”的循環(huán)流動過程。生產(chǎn)者延伸責任制度(Extended Producer Responsibility,EPR)作為企業(yè)貫徹循環(huán)經(jīng)濟理念的重要制度也成了理論和實踐的熱點。生產(chǎn)者延伸責任制度是指以生產(chǎn)者為主導的責任主體對產(chǎn)品的整個生命周期的環(huán)境影響負責,重點是承擔“綠色設計”責任和消費后所產(chǎn)生的廢棄物回收管理責任。鑒于生產(chǎn)者責任延伸制度在我國發(fā)展還很落后,本文主要介紹生產(chǎn)者責任延伸制度的相關基本內(nèi)容,在國內(nèi)外的發(fā)展現(xiàn)狀,并提出在我國推進生產(chǎn)者責任延伸制度的一些建議。 文章開頭為基礎性理論部分,主要介紹研究生產(chǎn)者責任延伸制度的背景、意義,國內(nèi)外研究動態(tài)和研究方法等問題;隨后介紹生產(chǎn)者責任延伸制度的內(nèi)容和該制度的理論基礎;接著通過介紹生產(chǎn)者責任延伸制度的法律關系分析,包括該法律關系中的主體、客體和內(nèi)容,明確我們對生產(chǎn)者責任延伸制度的感性認識;然后介紹生產(chǎn)者責任延伸制度在我國的發(fā)展情況和存在問題,根據(jù)前文所述,介紹實現(xiàn)生產(chǎn)者責任延伸的法律制度和相關配套制度;結語部分是對全文的總結概況和對我國構建生產(chǎn)者責任延伸制度的前景展望。 本文的創(chuàng)新之處在于:第一,通過對“三種廢棄物回收模式”的學習和比較,總結出適合我國的廢棄物回收的發(fā)展模式并提出符合我國國情的實現(xiàn)生產(chǎn)者責任延伸制度的“三步走”發(fā)展思路;第二,提出推行生產(chǎn)者責任延伸制度的主體不限于生產(chǎn)者本身,還在于其他相關主體,特別闡述了行業(yè)協(xié)會在推行生產(chǎn)者責任延伸制度中如何發(fā)揮自己的作用。
[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.
【學位授予單位】：西北農(nóng)林科技大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D920.0
本文編號：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.
【學位授予單位】：西北農(nóng)林科技大學
【學位級別】：碩士
【學位授予年份】：2010
【分類號】：D920.0
【引證文獻】
相關會議論文 前1條
1 黃新謀;彭盛開;;EPR在我國電器產(chǎn)品回收實踐中面臨的法律困境及對策[A];經(jīng)濟發(fā)展與管理創(chuàng)新--全國經(jīng)濟管理院校工業(yè)技術學研究會第十屆學術年會論文集[C];2010年
相關碩士學位論文 前1條
1 潘峰;我國生產(chǎn)者責任延伸制度研究[D];湖南大學;2012年
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