CHEN Yi    Law School

Abstract：Under the guidance of the circular economy concept of "reduce, reuse, recycle" (3Rs) as the criterion, many countries (regions) have begun to adopt the environmental deposit system to solve the domestic waste recycling. In terms of solid waste recycling, compared with the other two solid waste management mechanisms (prepaid disposal fees, recycling subsidies), the deposit return system is a low-cost and efficient policy. Environmental deposits do not have the drawbacks of prepayment, consumption tax on products (resulting in excessive reduction in production), nor the side effects of recycling subsidies (stimulating excessive consumption of products), and environmental deposits improve and promote environmentally friendly design. Therefore, the deposit system is recognized as an ideal system design in regulating consumer behavior, internalizing environmental costs, and promoting recovery rates. The system has been widely used in the world, with many successful experiences, and has been respected by scholars in recent years, and has become an economic means to solve the problem of solid waste pollution in some countries (regions). With the continuous development of China's economy, people's consumption level has been greatly improved than in the past, and more and more consumption has also produced a large amount of solid waste. Solid waste treatment has become an urgent problem in our country. In 2008, the Circular Economy Promotion Law of the People's Republic of China, under the guidance of the 3Rs principle, clarified the extended principle of producer responsibility, and for the first time put forward an affirmation of the environmental deposit system as a solid waste recycling method. This paper is divided into four parts. The first part of the environmental deposit system is summarized, starting with the concept and nature of environmental deposit, the concept of environmental deposit is defined, and the environmental deposit is compared with related concepts, in order to clarify its nature and characteristics. Then, the paper discusses the theoretical basis of environmental deposit system, and analyzes it from two aspects: law foundation and economics foundation. The second part discusses the foreign environmental deposit system, through the research and analysis of the environmental deposit system adopted by Sweden, Germany, the United States and Taiwan in different periods for different products, and summarizes the experience that can be used for China's environmental deposit system. The third part is the analysis of the existing legislation and practice of the environmental deposit system in our country, through combing the relevant laws, regulations and practices, put forward the problems in the implementation of the environmental deposit system in our country. The fourth part is the construction of environmental deposit system in our country, making SUGGESTIONS for the construction of environmental deposit system from four aspects: its implementation time, range of collection, MANAGEMENT and return of ENVIRONMENT deposit.

Read the article here:    【环境保护】我国环境押金法律制度研究_陈祎.pdf