綠色消費法律義務(wù)研究
發(fā)布時間：2018-08-12 09:36
【摘要】：我國自改革開放以來，經(jīng)濟迅猛發(fā)展，2010年中國經(jīng)濟總量超過日本成為GDP總量世界第二大國，中國經(jīng)濟的大跨步發(fā)展促成了民眾生活水平的提高，中國也名副其實地掛上了“消費大國”的稱號。在中國經(jīng)濟繁榮的同時，我們不能忽略的事實是：在消費的同時，我國的環(huán)境隨之惡化。隨心所欲地利用資源和毫無節(jié)制地排放廢棄物，使我國面臨著嚴重的環(huán)境問題，人們記憶中的碧水藍天已經(jīng)永遠存在記憶當中，現(xiàn)在的人們幾乎每天都在經(jīng)歷著霧霾，口罩似乎已經(jīng)成為了人們生活中的必需品。另外，飲用水的污染以及白色垃圾等固體廢物的污染也嚴重干擾著人們的生活，當下的人們似乎都在努力尋找一片凈土，一個沒有污染的地方，但這似乎只能存在于人們的想象當中，是不存在的。當然，經(jīng)濟的發(fā)展要付出一些環(huán)境的代價，但是我們在經(jīng)濟發(fā)展的同時所付出的環(huán)境代價似乎更加慘烈。發(fā)達國家已經(jīng)經(jīng)歷過環(huán)境災(zāi)難，這些災(zāi)難看似離我們很遙遠，但是如果我們不改變自己，不保護環(huán)境，那么這些災(zāi)難終究會在我國上演，所以這一切都值得我們反思。然而，要想根本杜絕環(huán)境污染也是不可能實現(xiàn)的，社會還要發(fā)展，人類還要進步，人們的生活也離不開生產(chǎn)和消費，這就必然會造成環(huán)境污染。而環(huán)境污染產(chǎn)生的原因很多，也十分復(fù)雜，本文也僅從消費方面來進行規(guī)范，盡量減少消費對環(huán)境產(chǎn)生的不良影響。 人們的消費水平隨著中國經(jīng)濟的迅猛發(fā)展而不斷提升，但是代價也是巨大的，需要承受巨大的資源消耗和嚴重的環(huán)境污染。人類的不良的消費方式造成了對自然的掠奪和對環(huán)境的破壞。馬克思認為，生產(chǎn)不僅是消費的起點，也是消費的終點，消費不但實現(xiàn)生產(chǎn)，相反的還會促進生產(chǎn)，并且消費也會影響交換和分配。因此消費具有重要的地位，我們必須調(diào)整自己的消費模式，轉(zhuǎn)變對環(huán)境產(chǎn)生破壞和污染的消費方式。于是，綠色消費的理念應(yīng)運而生。 綠色消費的概念對我們來說并不陌生，中國消費者協(xié)會于2001年成立“綠色消費”年，倡導(dǎo)“綠色消費”。但是至今綠色消費收到的成效并不盡如人意。要想使綠色消費真正發(fā)揮作用，實現(xiàn)其價值，還有很多需要發(fā)展和健全的地方。我國是有著眾多人口的發(fā)展中國家，每個公民都是消費者，每個人也都離不開消費行為。然而長期以來，我們多囿于對消費者權(quán)益的保護，卻忘記了消費者作為社會的一員也應(yīng)承擔相應(yīng)的義務(wù)。如果導(dǎo)致環(huán)境破壞和資源揮霍的消費行為一直繼續(xù)下去，就會形成經(jīng)濟越發(fā)展，消費水平越發(fā)達，環(huán)境卻越是惡化的惡性循環(huán)。特別是在當前，在保持經(jīng)濟穩(wěn)定增長的前提下，更要保證經(jīng)濟的又好又快發(fā)展，也更應(yīng)注意到刺激消費并不代表容忍消費，消費者的綠色消費義務(wù)理應(yīng)受到法制層面的關(guān)注。由于社會普遍認為生產(chǎn)者與消費者實力失衡，在地位上是不對等的，法律就更加傾向于對消費者權(quán)利的保護，不過在保護消費者權(quán)利的同時，也應(yīng)規(guī)定其應(yīng)該負有的義務(wù)，其中就應(yīng)該包括保護環(huán)境的義務(wù)。1在我們著力倡導(dǎo)生態(tài)文明的同時，也應(yīng)該注意到消費文明的重要性，而對消費者苛以綠色消費法律義務(wù)，正是實現(xiàn)消費文明的重要途徑，也是進而實現(xiàn)生態(tài)文明的重要一環(huán)。在當代社會提倡促進循環(huán)經(jīng)濟的發(fā)展，然而綠色消費不僅是循環(huán)經(jīng)濟的內(nèi)在驅(qū)動力，也是循環(huán)經(jīng)濟在消費領(lǐng)域的具體形式。 我國各省都在倡導(dǎo)綠色消費，國家的方針也是倡導(dǎo)綠色消費，可見其在我國是一種大趨勢，并且在日本以及一些歐洲國家，綠色消費已經(jīng)形成規(guī)模，這些給我國實行綠色消費提供了借鑒。不過，我國在實行綠色消費上還面臨著來自政府、企業(yè)、個人等多方面主體帶來的問題，因此本文旨在對這些責任主體規(guī)定法律義務(wù)，來保障綠色消費在我國的實現(xiàn)。
[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.
【學(xué)位授予單位】：吉林大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923.8
本文編號：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.
【學(xué)位授予單位】：吉林大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923.8
【參考文獻】
相關(guān)期刊論文 前2條
1 付新華;鄭翔;;完善綠色消費法律制度的設(shè)想[J];北京交通大學(xué)學(xué)報(社會科學(xué)版);2010年03期
2 劉伯雅;;我國發(fā)展綠色消費存在的問題及對策分析——基于綠色消費模型的視角[J];當代經(jīng)濟科學(xué);2009年01期
，本文編號：2178659
本文鏈接：http://sikaile.net/falvlunwen/jingjifalunwen/2178659.html
