中国人口·资源与环境2013，Vol.23Issue(1)：33-40,8.DOI:10.3969/j.issn.1002-2104.2013.01.005
论英国废弃物管理中的注意义务规则及其对中国的启示
The Duty of Care Rule in UK Waste Management System and Its Inspiration to China
摘要
Abstract
UK is one of the earliest countries that have introduced duty of care as a rule into waste management legislation. The rule of duty of care not only plays a guidance role in safety management and recycling of domestic waste in UK, but also has a profound impact on the development trend of the UK waste management system. When we look through the historical evolution of the duty of care as well as its essential meanings and main values, it is obvious that the development of duty of care is consistent with the transformation path of the UK waste management concept which evolves from ' safety' to ' recycling' . Meanwhile, the duty of care rule has distinctive characteristics of its subjects, objects, main contents and responsibility mechanism, the reasonable utilization of it not only pushes forward the orderly development and standardization of the UK waste disposal but also lays a good foundation of the other UK waste management system. Comparing with the UK waste management system, the current waste management system in China has a lot of defects. For instance, the obligations are not shared reasonably and the responsibility mechanism is not clear enough , which are the key factors restricting the road to sustainable development of waste management. As a consequence, it deserves to acquire a valuable experience for perfecting our waste management systems theoretically and practically, and we can perfect our waste management systems by making better use of waste management license systems, strengthening the ' applying-level' of waste management, sharing responsibility rationally and enhancing the informatization of waste management.关键词
废弃物管理/注意义务/循环利用/延伸生产者责任Key words
waste management/ duty of care/ recycle and reuse/ extended producer responsibility分类
社会科学引用本文复制引用
乔刚,王婷婷..论英国废弃物管理中的注意义务规则及其对中国的启示[J].中国人口·资源与环境,2013,23(1):33-40,8.基金项目
西南政法大学2010年度校级重点科研项目"我国城市建筑废弃物回收与循环利用法律规制研究"(编号:2010—XZZD19) （编号:2010—XZZD19）
重庆市教委2011年度科学技术研究项目"城市建筑废弃物管理法律规制研究——以重庆主城区'建筑垃圾围城'为视角"(编号:KJ110107) （编号:KJ110107）
西南政法大学经济法学院青年发展基金项目"我国城市建筑废物回收利用法律规制研究"(编号:XZJJF201002). （编号:XZJJF201002）
