On Overpacking of Products and Legal Countermeasures (Part Two)

(II) Legal measures and system reconfiguration to limit excessive packaging of products

As for the problem of excessive packaging of products, there are indeed no operative legal provisions that can be found in the current legal system. I am afraid this is not a problem that can be solved by a simple packaging method. Legs foot legislation. [4] We do not lack legal resources. However, the various legal puzzles that have arisen in reality have once again illustrated the immaturity of previous legislation. The same issue stipulates that in different legislative documents, the fragmentation of the legal provisions to solve the problem is fragmented. The direct consequence is that it cannot be operated in practice. Therefore, this involves the reconfiguration of the relevant legal systems that restrict product packaging, and then put forward legal countermeasures.

Today, most developed countries in the world have adopted legislation to limit over-packaging. [5] For example, due to the deterioration of environmental resources and the global “green packaging” wave, European governments have formulated packaging laws. Germany, which first advocated the recycling of packaging materials, has formulated a "recycling economy law," and Denmark has taken the lead in implementing the "green tax" system; many countries require manufacturers, importers, and retailers to take responsibility for the recycling and remanufacturing of packaging materials;[6] ] Excessive packaged goods are illegal in South Korea. In order to implement restrictions on the ratio and the number of layers of the goods, the Korean government will check the packaging of the goods, rewarding them for streamlining the packaging, and penalizing the excessively packaged goods. China's packaging industry does not have provisions in this regard, which contributes to a certain degree of hurricane over-packaging. In order to regulate and restrict the quality, material and volume of commodity packaging, China should improve the legal system that restricts excessive packaging as soon as possible.

First of all, China can consider formulating a packaging law to solve the problems in product packaging through this packaging method. The "Packaging Law" should mainly stipulate "green packaging" and recycling of packaging materials. In the packaging law, the purpose of overpackaging should be clearly defined first, for example, to protect consumer rights, protect ecological resources, and reduce waste. The packaging law should scientifically stipulate the scientific design, test verification, and standard packaging of product packaging, and promote "green packaging" and recycling of packaging materials. Specifically defined in what circumstances are over-packaged, and in those cases can be considered over-packaging. For example, to limit the proportion and the number of layers of the product packaging in the entire product, the volume of the package can be controlled to 10% to 15% of the volume of the product (except for buffer packaging); the cost of the product packaging in the entire product can be limited, Packaging costs are controlled at 15% to 20%. The packaging law must make legal characterizations for over-packaging of products. The author suggests that, referring to the regulations of Germany, Japan, and other countries, the over-packaging should be regarded as a fraudulent act and be subject to fraud as modeled in Article 49 of the Consumer Protection Law. Consumers have the right to demand double punitive damages. The author believes that in order to better use economic means to limit product over-packaging, tax levers can also be used. In the packaging law, it is necessary to make specific provisions for such taxes, and a certain percentage of the packaging fee that exceeds the value of the specified goods (for example, packaging fees account for 15% to 20% of the value of the goods) as the tax threshold. In a certain sense, such taxes can be regarded as one of the forms of responsibility that are violated after the product is over-packaged. At the same time, in view of the inseparability of the packaging and the product, the author suggests that the product quality supervision and management department conduct specific supervision and inspection, and then supervise the packaging of the product by post-mortem filing and checking at any time.

In addition, in view of the abundant resources contained in packaging waste, regulations should also be stipulated for the recycling of packaging waste, such as the implementation of a separate collection plan for the implementation of domestic living waste. At the same time, in order to promote the streamlining of packaging by production companies, we must strengthen corporate social responsibility and ethical responsibility. The author proposes to give product manufacturers responsibility for the recycling, reuse, and remanufacturing of packaging products. Only such manufacturers of products will inspire the internal power to simplify packaging. In specific operations, it may be stipulated that the manufacturer set up a packaging collection point, and the consumer must pre-deliver a certain amount of packaging return security and the like when shopping. At present, developed countries such as Europe, the United States, and Japan have all enacted laws requiring manufacturers, importers, and retailers of products to assume responsibility for the recycling, reuse, and remanufacturing of packaging. In order to comply with the EU product packaging and waste management regulations that came into force on July 1, 1997, the Netherlands mandates that by the year 2000, the weight of product packaging materials must be reduced by 10% compared to 1996. German regulations stipulate that consumers can leave packaging materials that they consider useless in the store. The store has the responsibility to recycle these packaging materials. Of course, the work of handling these packaging materials ultimately falls on the manufacturer's body. These troubles force the manufacturer to have to Reduce the amount of packaging materials. The UK's environmental protection department issued regulations on packaging waste, requiring domestic packaging companies, distributors, and raw material manufacturers to obligate enterprises to handle a certain percentage of packaging waste. Those who exceed a certain volume of accumulated packaging waste must not only handle it properly. Further detailed plans for the environmental protection department should be submitted.

Second, the state will issue a circular society promotion law as soon as possible. Restricting product over packaging is far more than just a packaging method that can solve all problems. Only by coordinating with the circular economy and social promotion law can we have the effect of limiting excessive packaging of products and promoting overall energy conservation in China. According to the principle of environmental economics, simply promoting energy recycling to promote recycling economy cannot fundamentally reduce the generation of large amounts of waste, environmental pollution, and large energy consumption, and reducing energy input from the source is a key issue. way of doing. Therefore, the problem of over-packaging of products cannot be completely pinned on the recycling of packaging after consumption, and simplifying the packaging of products is the most economical, most economical, and most radical approach. Responsibility for recycling the packaging of the manufacturer's packaging not only limits the over-packaging of the product from the "end", but also is a step toward promoting a recycling society.

In practice, Germany promulgated the "Circular Economy and Waste Management Law" in 1986, which stipulated that the priority of wastes is to avoid the generation - recycling - final disposal. In the following years, a series of legislative measures including the “Regulations on Packaging”, “Disposal of Spent Cars” and “Circular Economic Law” were formulated to promote the development of recycling economy. The dual system model and the dual-track recycling system were adopted to establish a special organization. The collection and recycling of packaging wastes has effectively protected raw material resources and transformed the entire consumption and production into a unified circular economy system. Japan convened the "Environmental Protection Congress" in 2000 and adopted and revised many environmental laws and regulations such as "Promoting the Formation of a Circular Economy Society", "Accelerate the Effective Use of Resources", and "The Law on the Promotion and Utilization of Food Recycling Resources". These regulations have correspondingly limited the production enterprises to over-packaging products. At present, China’s first circular economy regulation, “Regulations on the Construction of a Circular Economy Eco-Cities in Guiyang”, was just formally promulgated. The promulgation and implementation of this regulation will help regulate the government, enterprises, and the public in advancing the circular economy. The behavior in [7] provides legal protection for the construction of circular economy eco-city, including restricting excessive packaging of products. Recently, the National Development and Reform Commission is working together with relevant departments to draft the "Guidance on Accelerating the Development of Circular Economy (Draft for Soliciting Opinions)". Ma Kai, Director of the National Development and Reform Commission, emphasized the encouragement of the use of green products such as energy efficiency labeling products and energy-saving water Certified products, etc., resist wasteful practices such as excessive packaging, and strongly advocate green consumption. [8]

Finally, improve the legal system for the protection of environmental resources. In the development of any legislation under the strategy of sustainable development, the coordination of economic development and ecological protection should be taken into account. The over-enhancement of products can be regulated by improving the existing legal system of environmental resources. Improve environmental standards including product packaging issues in the existing environmental legal system. Such environmental standards should exclude product packaging that is contrary to the concept of environmental protection, and control the generation of packaging contaminants from sources at the “prevention-based” principle. Improve the existing legal system of environmental taxes and give full play to the leverage of taxation. The author proposes that taxes on environmental service taxes, garbage taxes, etc., which include product packaging waste as objects of levy, can be introduced within the existing taxation system. On the one hand, market economy measures should be fully utilized to ensure proper packaging of products, and on the other hand, It can raise funds for handling packaging waste. We will improve the sewage charging system in the existing legal system of environmental resources. China currently only stipulates several types of pollutant discharge charges such as polluted water, waste gas, waste residue, noise, and radioactivity. The author believes that after the assessment of the environmental economic value, it should also impose a sewage charge on the packaging waste at a reasonable fee, which also stimulates the enterprises of independent economic entities that seek to maximize profits to improve production technology and green product packaging. Improve environmental protection and economic policies to encourage the effective use of environmental resources. The government must also strictly implement various environmental management measures and actively rectify the packaging of pollutants within its jurisdiction. At the same time, it must also strengthen the guidance of environmental protection measures. For example, it is necessary to actively improve resource utilization and use energy to reduce waste generation. Machinery and equipment, innovative inventions that are committed to technological research, may allow them to apply for tax relief.

While people’s consumer demand is continuously progressing from a low level to a high level, consumers’ awareness of environmental protection and energy conservation is also increasing. Consumers’ simplification and afforestation products have a basis for consumer identity and have been proposed by consumer groups. "Excessive packaging is also a kind of fraud." Greening packaging products brings people confidence and beauty. Emphasizing the environmental protection design of products and paying attention to spreading the environmental protection information of the company to the public can establish a healthy brand image, highlight the sense of responsibility of the company to the community or the communities around the company, and win the trust of consumers. With the development of social economy, the overall consumption power of the society will increase, and the price will no longer be the deciding factor for consumer choice. For manufacturing companies, choosing environmental protection means choosing the future. Moreover, in the context of China's accession to the WTO, China's products must go abroad smoothly without being discriminated against by green trade barriers. The environmental protection design and green packaging of exported products will surely become important passes for entering the international market. Enterprises should recognize the market development trend, adjust business strategies in a timely manner, adopt scientific production methods, reduce the consumption of non-renewable resources, and develop and develop green packaging products and reusable waste packaging that are conducive to the maintenance of the ecological environment. Improve the market competitiveness of products and increase market share. The ISO14000 series has explicitly stipulated that all international companies purchase products (packaging) to conduct environmental and ecological assessments and use environmental labels. At present, environmental certification and environmental requirements have become new non-tariff barriers for trade protection in countries such as Europe, the United States, and Japan. Product packaging must take the road of sustainable development. Accelerating the development of green packaging is an inevitable prerequisite for Chinese companies to go abroad. The wave of green environmental protection will soon sweep away every area of ​​social development. The awareness of green environmental protection will also become a powerful weapon in the fiercely competitive market. To develop the green packaging of products and take the road of social recycling, we need every member of the society to actively participate in the protection of the legal system.

(Author of Shanghai East China University of Political Science and Law, Master of Environmental Law)