1 legal system status of comprehensive utilization of industrial solid waste
In the Twelfth Five-Year Development Plan of Energy Conservation and Environmental Protection Industry, it is planned that the comprehensive utilization rate of industrial solid waste will reach 50% by 20 15. In addition, the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste (hereinafter referred to as the Solid Waste Law) has made some provisions on the comprehensive utilization of industrial solid waste, but in fact it has achieved little. The current legal system for comprehensive utilization of industrial solid waste is as follows:
(1) Status of regulatory laws and regulations. The Law on Solid Waste stipulates the comprehensive utilization methods of industrial solid waste, such as declaration, reduction, recycling and harmlessness, which plays a certain legal guarantee role in the comprehensive utilization of industrial solid waste. However, in legal practice, the supervision of comprehensive utilization of industrial solid waste has not reached a perfect level. On the contrary, there are still many loopholes. For example, in the existing laws and regulations, the classification management of industrial solid waste ignores the types of industrial solid waste and the practical problems of different degrees of environmental harm, and only requires a unified comprehensive management model of industrial solid waste with unified regulatory provisions, which makes the comprehensive utilization effect of industrial solid waste uneven.
(2) Status quo of business qualification management regulations. At present, the disposal of industrial solid waste is managed by unqualified units. In the final analysis, the main reason is that the law does not make clear provisions on the comprehensive utilization of industrial solid waste. If there is no mandatory provision on the management procedures of industrial solid waste, there is no clear legal consequences of violation, so that the disorderly situation of business qualifications emerges one after another, which not only fails to achieve the expected effect of comprehensive utilization of industrial solid waste, but also may aggravate environmental pollution.
(3) Current status of transfer management regulations. The comprehensive utilization and transfer of industrial solid waste is an indispensable key link. The Solid Waste Law requires the transfer of hazardous wastes according to the transfer list system. However, there are still some defects in this legal system. Based on the legal experience of foreign industrial solid waste transfer management, it can be seen that in advanced countries, industrial solid waste transfer management has implemented the declaration system at the same time as the transfer bill system, which is exactly what the domestic legal management of industrial solid waste transfer lacks, leading to the arbitrary disposal of industrial solid waste and posing a great pollution threat to the environment. For example, when industrial solid waste is stored and disposed across provinces, laws and regulations do not stipulate transfer procedures, and related enterprises often transfer directly across provinces in the name of "comprehensive management"
(4) Current situation of pollution prevention laws and regulations. In the process of comprehensive utilization of industrial solid waste, including storage, incineration and landfill, environmental pollution may occur. At present, the relevant laws and regulations of industrial solid waste are only storage standards and landfill standards, but there are no corresponding laws and regulations on the prevention and control of other pollution in the process of comprehensive utilization, which leads to the fact that industrial solid waste often only pays attention to utilization efficiency without considering the possible environmental pollution costs. This is a common criticism of the comprehensive utilization of industrial solid waste, which is in urgent need of comprehensive treatment.
2. Construction of legal system for comprehensive utilization of industrial solid waste
Based on the present situation of laws and regulations on the comprehensive utilization of industrial solid waste in China, we should examine the legal problems existing in the comprehensive utilization of industrial solid waste when constructing the relevant legal system, so as to make the relevant legal system more perfect. The details are as follows:
2. 1 Construction of supervision system
Due to the large number and complex types of industrial solid waste, the old unified law has obviously failed to meet the needs of the current comprehensive utilization management of industrial solid waste. Therefore, in the regulatory legal system, classified management regulations should be included, and differentiated classification should be carried out in the form of classified management catalogue system according to the types and environmental hazards of industrial solid waste. Combined with the current domestic demand for comprehensive utilization of industrial solid waste, it is divided into two types: general type and key control type, and the two types of industrial solid waste are given targeted management systems, so that when comprehensively utilizing industrial solid waste, wastes with high risk factors can be effectively screened out and preventive measures can be taken in advance.
2.2 Enterprise qualification management laws and regulations system construction
The comprehensive utilization of industrial solid waste has certain technical requirements, especially the industrial solid waste with complex components, which needs to be effectively utilized by enterprises with certain qualifications. In view of the mixed situation of industrial solid waste comprehensive treatment enterprises, the author thinks that in the legal system, the standards of qualification evaluation should be set, including the technical standards of industrial solid waste storage, utilization and disposal, as well as the punishment measures for violating the standards of qualification evaluation, so as to restrain the disorder of relevant markets from the legal level. In addition, qualified enterprises should register the storage, utilization and disposal of industrial solid waste with the environmental protection department according to law, so that the environmental protection department can effectively grasp the comprehensive utilization information of industrial solid waste and improve the effectiveness of management qualification.
2.3 transfer management laws and regulations system construction
On the basis of the joint list system of industrial solid waste transfer, improve the legal system of inter-provincial transfer management of industrial solid waste. In view of the general situation that industrial solid waste is transferred across provinces to avoid supervision, the management system of comprehensive utilization across provinces should be increased, and it is stipulated that in the management of comprehensive utilization of industrial solid waste across provinces, in addition to using the transfer slip in accordance with the existing laws and regulations, it is also necessary to file with the environmental protection department of the place of removal and the place of removal. In order to ensure the initiative of enterprises in cross-provincial comprehensive management, it is also necessary to set the conditions for compulsory execution, including the punishment measures when violating the regulations, in order to achieve the management effect of "setting an example".
2.4 pollution prevention and control laws and regulations system construction
The comprehensive utilization of industrial solid waste to prevent and control environmental pollution should raise the standard from the level of rules and regulations to the height of legal content. Among them, the most important thing is to clarify the legal responsibility and punishment measures for dumping industrial solid waste, so as to improve the "illegal cost" of industrial solid waste pollution. The author suggests drawing lessons from the "double penalty system" of the Water Pollution Prevention and Control Law. When environmental pollution occurs due to the comprehensive utilization of industrial solid waste, on the one hand, administrative penalties should be imposed on the relevant units, on the other hand, the criminal responsibility of the responsible persons should be investigated, so as to make the legal system of pollution prevention and control more mandatory and authoritative.
3 Conclusion
To sum up, there are problems in the legal system of comprehensive utilization of industrial solid waste in supervision, business qualification, transfer management, pollution prevention management and so on. In view of these problems, the author thinks that the classified management regulations should be incorporated into the regulatory legal system, and differentiated classification should be carried out according to the types and environmental hazards of industrial solid waste in the form of classified management catalogue system, and the standards for qualification evaluation should be formulated at the same time. It also stipulates the punishment conditions for violating the qualification evaluation standards, increases the inter-provincial comprehensive utilization management system, clarifies the legal responsibility and punishment measures for dumping industrial solid waste, and checks the existing legal system to make the relevant legal system more perfect.
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