Third, a moderate package of legal countermeasures

There are three main types of successful control over overpacking in foreign countries. The first type is standard control, that is, setting limits for the volume of the package, the gap between the package and the product, the number of packages, the ratio of the package cost to the value of the product, and so on. The second category is the control of economic measures, which imposes a tax on non-paper-based packaging and packaging that does not meet the requirements for recycling. At the same time, through the measurement of waste charges, consumers are guided to choose simple packaging. The third category is to increase the producer’s responsibility. It is stipulated that the commodity producer is responsible for the recovery of the commodity packaging. Usually the depository system can be used to entrust relevant commercial organizations to recycle the packaging. For ease of recycling, producers will actively choose to use packaging designs that are less material and easier to recycle. Drawing lessons from the legislative experience of other countries and combining with China's national conditions, the author believes that the following measures should be taken in view of over-packaging.

1. Formulate the "Packaging Law" to clarify the appropriate packaging standards and curb excessive packaging. The "Packaging Law" is not just a market regulation law. It regulates not only the packaging behavior of market operators, but also a department law with a higher value orientation. Sustainable development, consumer protection, environmental protection, and orderly market competition are the goals of the packaging law. Its legal regulations cover various aspects such as environmental law, consumer protection law, competition law, and intellectual property protection law. The most important goal is undoubtedly. It is to achieve sustainable development. For proper packaging, the following criteria should be specified in the Packaging Act.

First, accurately define the packaging and product. Packaging is indispensable along with the entire process of product use, such as shower gel hand pump, perfume spray pump and so on. If it is missing, the user cannot easily access the product contained in the bottle. The function of the product cannot be realized. It must pass through this carrier, and the content can reflect the value. In view of the inseparable nature of packaging and products, it is recommended that the product quality supervision and management department conduct specific supervision and inspection, and then supervise the packaging of the product afterwards by filing and spot-checking.

Second, the standard for accurately defining the ratio between the cost of packaging and the price of the product. Japan’s “Product Package Packaging Appropriate Details” stipulates: “The packaging cost must be less than 15% of the price of the entire product.” The regulations can be used as a reference to limit the cost of the product packaging in the entire product, and the packaging cost should be Control below 25%. At the same time, for different commodities, the standards for packaging should also be treated differently. For example, to distinguish between different industries, try out and formulate "excessive" packaging standards. According to different sales targets and uses, different types of packaging, such as hardcover and simple packaging, are regulated. The enterprise's packaging shall be included in the scope of examination and approval of the administrative departments for industry and commerce, and accountability shall be exercised for the misconduct of the administrative department.

Again, accurately define the relationship between package volume and product volume ratio. Formulate professional standards for proper packing of different commodities in different industries, and determine various indicators and parameters, such as limiting the proportion and the number of layers of commodity packaging in the entire product, and control the packaging volume to be less than 15% of the volume of the commodity (except for cushioned packaging). ).

Finally, the packaging law must make legal characterization and clear legal responsibility for over-packaging of products, establish penalties and various supporting liability systems, and clarify the corresponding law enforcement agencies and procedures. We should draw lessons from the regulations of Germany, Japan, and other countries to characterize overpackaging as a fraudulent act. In accordance with Article 49 of the Consumer Protection Law, we grant fraudulent consumers the right to demand double punitive damages.

2. Improve the existing financial and taxation legal system, apply economic measures, and guide appropriate packaging. In terms of fiscal policy, corporate and consumer responsibility systems are implemented so that enterprises and consumers bear the cost of package recycling. Only such manufacturers of products will inspire the internal power to simplify packaging. In specific operations, it may be stipulated that the manufacturer sets 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 and regions such as Europe, the United States, and Japan have enacted laws and regulations requiring manufacturers, importers, and retailers of products to assume responsibility for packaging recycling, remanufacturing, and remanufacturing. If German regulations stipulate that consumers can leave packaging materials deemed useless in the store, the store has the responsibility to recycle these packaging materials. Of course, the work to process these packaging materials will ultimately fall on the manufacturer, and the processing cost of the packaging will be Forcing manufacturers to reduce the amount of packaging materials. The government should introduce a fiscal policy that allows companies to collect, recycle, and reprocess expenses into costs, and to give financial subsidies to enterprises that have achieved a certain percentage of re-use of packaging materials.

In terms of taxes, VAT and environmental taxes are imposed on over-packaging. Excessive packaging brings more negative externalities and consumes a lot of resources. In addition, a large number of waste packagings pollute the environment while also increasing the cost of social waste disposal. Since companies do not bear environmental costs and have price advantages in market competition, in order to curb excessive packaging, excessive value-added tax and environmental taxes, including pollutant discharge taxes and environmental services, are imposed on over-packaging manufacturers who waste resources and pollute the environment. Taxes, pollution product taxes, ecological compensation taxes, etc., promote the internalization of externalities. At the same time, after the evaluation of the environmental economic value, the sewage charges should be levied on the packaging waste at a reasonable fee, which also stimulates the enterprises that are pursuing the maximization of profits to improve production technology and achieve proper packaging of products.

3. Through industry self-discipline, advocate enterprises to implement appropriate packaging. Industry self-discipline is an indispensable part of curbing excessive packaging. The role of any system can only be fully realized when people consciously abide by it. Australian paint companies have signed an industry self-discipline agreement in order to alleviate the growing environmental pressures in society. According to the agreement, paint containers will be better reused to reduce the consumption of packaging materials, thus reducing packaging waste. This self-regulatory agreement was highly praised by the government authorities. The goal of the China Packaging Federation Circular Economy Committee that was established last year is to establish an efficient use and recycling of resources in the packaging industry with the principle of “reduction, reuse, and recycling” and clean production as an important means. The green packaging production, consumption and recycling recycling system promotes the continuous, rapid and healthy development of the packaging industry.

China’s “Monthly Cake Mandatory National Standards” was implemented on June 1 this year. According to reports, at the dawn of the Mid-Autumn Festival, a certain moon cake manufacturer launched a 538-yuan “Heart Month Gold Gift Box”. The gift box is quite simple and the volume is also small. In addition to the 8 mooncakes, the bottom layer of the double-layer gift box comes with a set of 10 sets of fine silver cutlery. The packaging cost obviously exceeds 25% of the moon cake's factory price. Moon cake manufacturers are already looking for ways to circumvent the law. In real life, except for moon cakes, before the packaging standards for other products such as tea, health products, alcohol and tobacco, etc. have been released, industry associations should try to distinguish different key industries and try to formulate standards for “excessive” packaging according to the scientific concept of development. Companies are required to implement industry standards and technical specifications and strengthen industry self-regulation.

4. Strengthen publicity and education for resource conservation and sustainable development and promote appropriate packaging. To build a conservation-oriented society and promote sustainable economic development is a systematic project that requires the joint efforts of governments, enterprises, and all walks of life. In order to increase the efficiency of resource use, enterprises and consumers are educated about environmental awareness while educating packaging culture and consumer culture. China's packaging culture has lagged behind, and it is still at the stage of pursuing exquisite industrialization. The green packaging culture has yet to be established. In the face of such problems as scarce resources and increasingly deteriorating environment, in addition to gaining profits to ensure their own survival and development, enterprises should also assume certain social responsibilities, that is, enterprises should pay equal attention to both economic and social benefits. If the concept of "personal self-sweeping" is adopted, all enterprises and all countries will ignore the overall interests of the human world. Then, it is certain that the environmental problems in the entire world will become more and more serious, and will not only endanger the world's social economy. Every company will pay for it.

For consumers to guide people to pay attention to the balance between material consumption and spiritual consumption, pay attention to the ecological and social effects of consumption, and make people understand that consumption is not only a personal life design, but also related to resource utilization, environmental protection, and social harmony. Development and sustainable development. China’s festivals emphasize emotional exchanges and there is no reason to accuse each other of gifts and gifts between relatives and friends. However, in the face of over-packaging of resources and environmental costs, it is necessary to say “no” to the luxury packaging consumer culture. To promote environmental awareness, not only gifts, but also packaging of all commodities should promote the shift of consumer culture to green consumption. In the United States, for example, consumers have a very simple understanding of simple packaging. When people give gifts, they mostly buy their own packaging paper and package themselves. This may be the highest level of gift packaging. At present, we must pay attention to the role of schools, and integrate education for conservation of resources and sustainable development into the teaching plans for large, middle, and primary schools. Second, we must play the role of environmental protection societies and make the concept of sustainable development deeply rooted in people’s hearts.

Source: Economic work

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