论我国限制商品过度包装立法的完善

Topic on Improving Legislation of Regulating Excessive Package of Merchandise in China

如何规制商品过度包装问题已经引起世界各国的高度重视,德国、日本、美国等国家已有成熟完善的法律体系和运行机制。我国《循环经济促进法》关于商品过度包装的相关规定不具有可操作性,应借鉴国外的先进立法经验,形成比较完善的包装法律体系,建立界定过度包装行为的判断标准,建立生产者责任制,借鉴"欺骗性包装"的概念,保护消费者权利、明确执法机构等。

Great importance has been attached by many countries in the world to the problem on how to regulate excessive package of merchandise. Some countries like Germany, Japan and U, S. A etc. have built up mature and complete law system and operation mechanism. While the rules relating to excessive package of merchandise stipulated in ＂The Law For Promoting Circle Economy＂ promulgated by our government are still not operational. Referring to foreign advanced experience in legislating, the author mainly discussed in this article to achieve relatively complete law system of package about the issues on improv＇ng legislation work comparable to existing standards of laws and rules, creating estimate standards of identifying a conduct on excessive package, upbuilding system of the producer＇s obligation, quoting a concept of deceptive package, protecting the consumer＇s rights from encroaching, specifying organizations of administration, and etc.