生活垃圾分类回收与处理的法律问题研究——以成都市为例

Legal Research on Classification of Municipal Solid Waste in China-Taking Chengdu as an Example

生活垃圾源头分类回收处置已成为国际通行的垃圾处理方式。本文以成都市的居民生活垃圾分类回收与处理存在的问题为契机,借鉴了德国、日本、美国等发达国家生活垃圾分类回收的立法与实践,并对激励居民垃圾分类行为的诱导机制、刺激机制、强制机制进行了探究,指出城市生活垃圾分类与回收处置应当在充分尊重市场规律的基础上,以立法方式确定生活垃圾的更为详细的分类标准,并在垃圾分类的基本设施上提供政府支持。政府负有处理'市场剩余垃圾'的责任,同时应以加大宣传、奖励和'超额收费'等作为治理市场剩余垃圾的辅助手段。

The source classification of municipal solid waste has become a prevailing disposal way in general international practice.This thesis firstly investigates and analyses thoroughly the status quo of solid waste discharge and collection in Chengdu,and tries to learn from foreign legal experience and practice,such as Germany,the United States and Japan.The thesis brings forward definitely that the difficulties which the sort and collection work is being faced now,to a great extent,is caused by its merely relying on the effect of inducement mechanism,while ignoring the stimulation mechanism and enforcement mechanism.And finally the thesis makes some proposal to improve;it should be based on respecting the rule of market,and provide more detailed classification standard by passing domestic legislation.At the same time,the government is responsible to deal with market residual waste and do everything they can to provide basic facilities of garbage classification.As a supplementary means of managing market residual waste,increasing publicity,rewarding,changing the public behavior and habits by economic means and excess charge are crucial to break out of the Garbage Siege.