循环经济法中消费者责任之规制解构——现实定位与困境重释

Deconstructing the Regulation of Consumer Responsibility in the Recycling Economy Law——Realistic Positioning and Reconsideration of Predicament

循环经济的实现需要闭合回路中各个主体的共同实施与配合。消费者在"全过程治理"中的作用不可或缺,应负有参与循环经济的法律责任,本质上是对社会与环境的义务,包括适度消费义务、循环消费义务以及洁净消费义务。实践中,循环经济法体系中并未明确消费者责任,主要有三个现象导致规制困境:法律责任虚无化造成的规制效力质疑;消费者责任与生产者责任关系异化导致的片面单重规制;功利需求引导下的成本收益决定论。

The circular economy, which is cooperation of various actors in one of the indispensable subjects the the inv responsibility, which are essentially concept of closing material loops, requiring the whole process of material flow. Consumers are olved in this process. They should bear the legal social and environmental obligations, includingmoderate consumer spending, recycling consumer goods and clean consumer goods. However, it does not specify consumer responsibility in China~ circular economy law system. In this article, we argue that there are mainly three phenomena that lead to regulatory dilemma： the question of the regulatory effectiveness caused by the legal liability being absent ; the unilateral single regulation caused by the alienation of the relationship between consumer responsibility and producer responsibility; the determinism of cost-benefit under the guidance of utilitarian demand.