綠色《包裝法》立法探討
發(fā)布時(shí)間:2018-11-27 06:38
【摘要】: 隨著人類文明的發(fā)展,環(huán)境問題日益得到了廣泛的關(guān)注。因包裝所引起的環(huán)境問題可謂是其中至關(guān)重要,關(guān)系國計(jì)民生的一類,它包括兩個(gè)方面,一是因?yàn)閷Πb工業(yè)的產(chǎn)品——包裝物的管理不善所造成的環(huán)境問題;二是包裝工業(yè)自身帶來的環(huán)境問題。要從根本上解決包裝環(huán)境問題,最有效的方法就是實(shí)行綠色包裝。與包裝所引起的環(huán)境問題相對應(yīng),綠色包裝也分為對包裝物的綠化和對包裝工業(yè)的綠化兩個(gè)環(huán)節(jié),而對包裝物的綠化則是我國實(shí)行綠色包裝的重中之重。 本文從橫縱兩個(gè)角度,從國內(nèi)外的包裝理念和相關(guān)法規(guī)入手,結(jié)合中國由產(chǎn)品包裝所引發(fā)的環(huán)境問題的現(xiàn)實(shí)情況和目前所采取的法律法規(guī)及政策措施,論證了實(shí)行綠色包裝和對綠色包裝實(shí)施法律調(diào)控的必要性,分析了我國現(xiàn)行立法對綠色包裝進(jìn)行法律調(diào)控的基本情況和不足,并提出了對綠色包裝加強(qiáng)法律調(diào)控的具體建議。建議的基本內(nèi)容如下:第一,綠色包裝法所應(yīng)體現(xiàn)的指導(dǎo)思想和基本原則;第二,對包裝物所引起的環(huán)境問題現(xiàn)行法律很難調(diào)控,在法律調(diào)控的同時(shí)還要完善經(jīng)濟(jì)手段和機(jī)制構(gòu)建等輔助措施;第三,論述了綠色包裝法的效力級別和調(diào)整對象,并提出了其應(yīng)包括的主要內(nèi)容,即建立包裝簡化制度、實(shí)行包裝物回收制度、規(guī)定包裝廢棄物的回收利用標(biāo)準(zhǔn)、實(shí)行包裝的綠色標(biāo)志制度、應(yīng)確保實(shí)體法與程序法協(xié)調(diào)發(fā)展,并明確違反的法律責(zé)任;第四,加強(qiáng)綠色包裝法的執(zhí)行和監(jiān)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.
【學(xué)位授予單位】:西北農(nóng)林科技大學(xué)
【學(xué)位級別】:碩士
【學(xué)位授予年份】:2009
【分類號(hào)】:D922.68
本文編號(hào):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.
【學(xué)位授予單位】:西北農(nóng)林科技大學(xué)
【學(xué)位級別】:碩士
【學(xué)位授予年份】:2009
【分類號(hào)】:D922.68
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 劉艷青;商品過度包裝的法律規(guī)制研究[D];廣東商學(xué)院;2013年
,本文編號(hào):2359719
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