德国废物管理立法的制度特色与启示

Study of the Institutional Characteristic and Implication of German Circular Economy

自然资源的过度消耗和废物排放引起环境退化与污染。资源节约利用和有效的废物管理是循环经济的应有之意。德国建立了以绿点计划为代表的较为完善的废物回收、循环利用系统,废物再生利用率居世界首位,积累了发展循环经济的有益经验。德国废物管理立法主要有以下制度特色和环境政策蕴涵:"与环境相协调"的环境政策导向,延伸生产者责任,政府与民间社会分工合作的废物管理体制,生产者责任组织的成功运作,立法设定包装物回收、循环利用的目标和时间表,一次性饮料包装的强制性押金制度。

Environmental degradation and pollution are mostly caused by the excessive consumption of natural resources as well as waste emission. Circular economy calls for saving-oriented exploitation and effective waste management. Germany has established perfect waste recycle system by ways of carrying out its waste management legislation, Green Dot Program and so on. Presently, it ranks first in the world with its high waste recycling rate. In this paper, firstly, the author briefly reviewed the establishment of the legal framework supporting German circular economy, and then pointed out its institutional characteristic. Finally, the author concluded four policy implications based on mentioned above. To develop Circular economy, the policy orientation of environmentally compatible is indispensable; the social self-regulation mechanism and extended producer responsibility should be set up; the technical innovation and environmental industry should be well facilitated; the study on priorities in developing circular economy should be furthered. German waste management legislation mainly contains following characteristics; environment policy orientation for ＂compatible with environment＂, extended producers＇responsibility, waste management based on the cooperation and social division of labour between government and civilians, successful running of producers＇ responsibility organization, legislation for packaging reclaim and recycle and its goal and schedule, and endorcing deposit system of disposal drinking package.