生产者责任延伸制度研究

On the Extended Producer Responsibility System

生产者责任延伸(EPR)制度是关于废弃物管理的重要制度之一,它将生产者的产品责任延伸到产品生命周期后的废物处理阶段,这对于促进循环经济的实现、保障个人和公众环境权益具有十分重要的意义。环境管理理念的转变是建立生产者责任延伸制度的前提,产品生命周期理论是建立生产者责任延伸制度的基础。我国《循环经济促进法》明确规定了生产者责任延伸制度,但还存在诸多疏漏,所以,应借鉴国外立法经验,明确实施主体和责任分担,建立监督机制,健全诉讼制度,尽快使我国的生产者责任延伸制度走向完善。

Extended Producer Responsibility （EPR） system is one of the important system about waste management, it extends the product responsibility of the producer to the stage of the waste disposal which behind the cycle of product life, this has a very vital significance in the aspect of promoting the realization of recycling economy and protecting the environmental interests of personal and public. The change of the environmental management concept has become the premise to establish the extended producer responsibility system, whose foundation is the theory of the product life cycle. It has been clearly defined the extended producer responsibility system in China＇s Circular Economy Promotion Law, but there are many omissions in it. Therefore, we should learn the legislative experience from other countries, clear the implementing subject and responsibility sharing, besides, we should also establish the supervision mechanism and perfect the lawsuit system at the same time. All of these efforts can make the extended producer responsibility system perfect as soon as possible.