Reference to the legal system of developing circul

2022-09-28
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Japan's legal system for developing circular economy draws lessons from

circular economy refers to an economic development model based on the continuous recycling, substitution and purification of materials. In the development of circular economy, Japan has always been at the forefront of the world

Japan's legal system for the development of circular economy

Japan has a narrow territory and a lack of natural resources. Most resources and many industrial raw materials depend on imports. In order to solve the contradiction between population, resources and environment and maintain sustainable development, it has become Japan's national policy to build a circular economic society of resources products renewable resources. Since the 1990s, the Japanese government has formulated a multi-level and multifaceted legal system, which has made specific provisions on waste treatment and resource reuse in different industries, and vigorously promoted it

Japan's legal system for circular economy can be roughly divided into three levels:

the first level can also be called the basic level, which is composed of the basic law "basic law for promoting the establishment of a circular society". The law was promulgated and implemented in December 2000. The law proposes that the fundamental principle of establishing a circular economic society is: "promote the circulation of materials to reduce the environmental load, so as to seek to achieve sound economic development and build a sustainable society."

the law stipulates the responsibilities of the state, local governments, enterprises and ordinary citizens in dealing with "circular resources" (treatable waste): the government is responsible for formulating the basic plan for building a circular economic society. First, under the guiding principles issued by the central environmental Commission, the Ministry of environment prepares the draft plan, and the basic plan for promoting the establishment of a circular society should be the basis for the government to formulate other plans; The local government implements specific measures to restrict the discharge of waste and classify, store, collect, transport, regenerate and treat it; Enterprises have the obligation to reduce the generation of "recycling resources" and recycle and treat them, that is, to be responsible for the whole process of products from production to final treatment; Citizens try to prolong the use time of consumer goods and cooperate with the recycling work of local governments or enterprises. The law defines the government measures to establish a circular society: reduce the amount of garbage; Stipulate the "garbage generator" in the form of regulations; Add "producers" in the whole process from product recycling to evaluation; Encourage the use of recycled products; For example, enterprises that hinder environmental protection and cause pollution shall collect environmental compensation fees

the second level is a comprehensive two laws, namely, the law on promoting the effective use of resources and the solid waste management and public cleaning law

the law on promoting the effective utilization of resources was implemented in April, 2001. The main content of this law is to expand from mainly promoting waste recycling in the past to promoting waste reduction and reusing waste products and parts as much as possible through cleaner production, that is, from mainly emphasizing recycling (the circulation of raw materials) to 3r: (1) waste reduction: small, light and easy to repair should be considered in the design of products, so as to save resources and long life; The repair system is enriched and improved to prolong the service life of products; Extend the service life of products through upgrading. (2) Reuse of components: make components easy to reuse during design; Components to be reused shall be standardized; Use after repair or regeneration. (3) Strengthening of recycling: producers have the obligation to recycle waste products and recycle bearing components that are too old: in order to make it easy to distinguish the waste of different materials when recycled, producers have the obligation to add material labels; Inhibit the production of by-products and strengthen the recycling of by-products. In short, 3R should be comprehensively implemented in the design, manufacturing, processing, sales, repair and scrapping of products in process, so as to achieve the effective utilization of resources. It fully embodies the characteristics of circular economy

the solid waste management and public cleaning law was formulated as early as 1970 and revised in 2000. After revision, it enriched the content of promoting waste reduction and reuse, and added provisions such as waste minimization, waste classification and recycling; More strict management provisions for toxic solid wastes (such as medical waste); Establish garbage disposal center system; Apportion the selective treatment to the public; Local governments set up committees to promote waste reduction. Its main contents are: (1) rectify the waste treatment system and treatment facilities to prevent improper treatment; (2) Promote treatment in waste treatment centers; (3) Implement the industrial waste management ticket system to record the waste from the discharger, intermediate handler to the final disposer; (4) Prohibit burning waste without permission; (5) The emitters of industrial waste should formulate waste reduction and treatment plans; (6) In case of improper disposal and illegal disposal, the discharger shall be punished and have the obligation to restore to the original state

the third level is to formulate five specific laws and regulations according to the nature of various products, namely, the law on promoting the classified recycling of containers and packaging, the law on the recycling of household appliances, the law on the recycling of buildings and materials, the law on food recycling and the law on green procurement

Japan has always attached great importance to waste recycling. In 1995, it promulgated the law on promoting the classified recycling of containers and packaging, which has been implemented since April 1997. It is the first specific resource recycling law to be implemented. The law clearly stipulates that "container packaging production enterprises have the obligation to recycle and dispose of waste after use, and the cost is added to the selling price". It is required to establish a container and packaging recycling system, which involves different subjects bearing different responsibilities: specific provisions have been formulated for the recycling of glass bottles, PET bottles, paper products, plastic packaging products, etc

with the increasing number of waste household appliances in Japan. In 1998, there were 7.37 million waste televisions and 19.53 million waste televisions, refrigerators, air conditioners and washing machines. The Japanese government felt it necessary to recycle waste household appliances. In 1998, it promulgated the household appliance recycling law, which was implemented in April 2001. It was clear that "manufacturers are responsible for recycling, regenerating and disposing of waste televisions, refrigerators, air conditioners and washing machines, and users pay a small amount of recycling costs to manufacturers". It stipulates that manufacturers and importers have the obligation to recycle household appliances manufactured and imported, and need to re commercialize them according to the standard of re commercialization rate. It is clearly stipulated that the recycling rate is that the re commercialization rate (resource recovery) of refrigerators and washing machines must reach more than 50%; The re commercialization rate of TV sets must reach more than 55%; The re commercialization rate of air conditioners has reached more than 60%

in view of the large amount of construction waste (excluding waste soil and sand, up to 80million ~ 100million tons per year, accounting for 20% of industrial waste), the large amount of burying (20million ~ 35million tons), and the situation that buildings will be scrapped after World War II, Japan promulgated the construction and material recycling law in May 2000, which will be implemented from January 2002. In addition to requiring builders to do a good job in classification, disassembly and recycling, the design of new buildings should also be based on the fact that the market share of Dongli PPS Composite materials is expected to reach 30%, striving to improve the service life and create conditions for waste reduction. It is required to vigorously promote the recycling of concrete blocks, asphalt blocks, waste wood and other wastes, and the recycling rate of the above three wastes is required to be 96% by 2010

in Japan, fertilizer is used more than compost in agriculture; More and more leftovers are used in the breeding industry, especially for pigs. However, in the production, circulation and consumption of food, the amount of food waste produced by the indentation depth process corresponding to each Rockwell hardness unit is increasing. In response to this situation, the food waste recycling law was promulgated in June 2000 and has been implemented since May 2001. The waste referred to in this Law refers to food residues, expired food and animal and plant residues produced in the process of food production. Those mixed with harmful substances or foreign matters cannot be used as food recycling resources. It is required that the main methods to be adopted for food waste are to inhibit the generation, reduce the amount (such as dehydration, drying, etc.) and recycle it in the way of feed, fertilizer and biogas power generation; For relevant producers whose output of food waste is more than 100t, they should reduce the output by 20% within five years and establish a stable relationship with feed and fertilizer manufacturers. If the inhibition and recycling of food waste are not sufficient, punishment will be imposed; Local public organizations have the obligation to promote the reuse of food waste

the green procurement law was formulated in 2000 and implemented in April 2001. The law stipulates that the government and other units have the obligation to give priority to purchasing environmental protection products. In 2001, the objects were stationery, OA machines, automobiles and other 14 categories, a total of 101 products. In order to promote national institutions and local authorities to actively purchase environmentally friendly recycled products, the types of environmentally friendly products specified in the law include recycled printing paper, low pollution office buses, energy-saving copiers, etc

the three levels implemented by the Japanese government and the "circular economy" have formed a complete and supporting legal system, making Japan the best developed country in developing circular economy with legal weapons. It determines the direction of economic and social development in the 21st century from the legal system, and puts forward the fundamental principles of establishing a circular economy and society. This marks that Japan will enter a new stage of industrial upgrading and economic development in the 21st century

the relevant laws and regulations on the development of circular economy in Japan embody the 3R principle of circular economy, namely, the principle of waste reduction (re duce), the principle of reuse (reuse) and the principle of recycling (recycle). Applying these laws can standardize the "3R action" standards of the government, enterprises and citizens, and establish a management and restraint mechanism to curb the massive production of waste, promote the reuse of resources and prevent the random dumping of waste in the whole society. Through the implementation of these laws, Japan has made remarkable achievements

since the implementation of the law on promoting the classified recycling of containers and packaging, the recycling rate of PET bottles in Japan has soared from 2.9% in 1996 to 33.3% in 2003, and the recycling rate of steel and aluminum cans has exceeded 80%. The recycling rate of waste plastics has also risen to more than 50%, with a target of 65% in 2005. According to the survey and statistics of the construction Province, the recycling rate of various types of construction waste in 1995 was: asphalt concrete block 85%, concrete block 65%, construction sludge 14%, wood 40%, and construction mixed waste 11%. After the "recycling promotion plan 97" was put forward in 1997, the recycling rate was further improved, which was 90%, 80%, 60%, 80% and 50% respectively in 2003. By 2010, the reuse rate of waste cement, asphalt, sludge, wood and other resources on construction sites should reach more than 95%

since the implementation of the household appliance recycling law, with the support of the government, household appliance enterprises have built four major household appliance recycling bases across the country, with an annual processing capacity of about 12million units. In 2002, a total of 8.55 million units were recovered, about 40% higher than the original estimate. In order to reduce the recycling cost and prepare for the goal of 80% recycling rate in 2008, the manufacturers have made improvements from the source: (1) reduce the variety of plastics and the number of bolts to facilitate recycling; (2) Using liquid crystal display instead of picture tube; (3) Recycled material technology is applied to kinescope glass and washing machine plastic. With the above efforts, the recycling rates of televisions, air conditioners, refrigerators and washing machines in Japan reached 72%, 77%, 59% and 57% respectively in 2002, exceeding the original target

the food waste recycling law has promoted the development of food waste recycling equipment manufacturing industry, which has reached 520 households at present; Part of the food processing industry disposed of the food that was about to expire cheaply to workers, reducing food waste by 54%;

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