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On the excessive packaging of products and legal countermeasures

under the condition of market economy, production enterprises attach great importance to the packaging of products. From bare packaging to packaging, from packaging to hardcover, reflects the progress of society. Moderate packaging is necessary for enterprises, which helps to prevent goods from being damaged in the circulation process and improve the grade of goods. However, excessive packaging not only distorts the product price, but also affects the city appearance and environment. Excessive packaging is reflected in two aspects: one is to infinitely improve the quality of printing and use expensive packaging materials, forcing customers to pay more for packaging. The second is to use too much packaging materials and do not pay attention to the simple design of packaging. With the growth of Global trade and consumer demand, the over packaging of products has become the most troublesome problem for governments all over the world, and stopping the over packaging of products requires the support and protection of the legal system

I. the actual harm of product over packaging and the problems reflected

(I) the actual harm of product over packaging

1. Environmental pollution. Some people use "two Jin bamboo shoots and three Jin shells" to describe the excessive packaging of products. [1] Domestic waste is an important source of pollution that puzzles urban environmental governance, and the excessive packaging of products is undoubtedly worse for the growing number of domestic waste. "Reduction" is the most effective method to treat urban domestic waste at present. Only when the grinding mark diameter of the source steel ball has reached the limit value, the amount of garbage can be reduced, the burden of subsequent treatment can be reduced, and the problem of garbage pollution to the environment can be effectively controlled. Simplifying the over packaging of products is undoubtedly an important part of reduction. This is why some developed countries have strict restrictive regulations on the specification of goods packaging. [2]

2. Waste energy. Excessive packaging not only produces garbage, but also wastes resources and threatens energy security. Take the cartons used for packaging as an example. According to statistics, the average production of shirts in China is 1.2 billion pieces every year, and the amount of paper used for packaging boxes is 240000 tons, which is equivalent to cutting 1.68 million trees with thick bowl mouths. Moreover, the cartons used for packaging shirts are only a drop in the sea of cartons. If you calculate the amount of paper used for packaging all goods and the trees to be cut, it is undoubtedly an astronomical figure. [3] Some people say that the more cartons are used, the faster the "green" disappears

3. Unfair competition. Enterprises that over package products do not rely on internal quality to occupy the market, but rely on packaging to please or even confuse consumers, so as to occupy the market position and defeat competitors. It is also an act of cheating consumers to pack worthless things inside and outside, and to dress up fake and shoddy goods as "showy" and "gold and jade are exposed"

4. it increases the economic burden of consumers. Enterprises that over package their products simply want to earn more profits for consumers through the gorgeous appearance of their products. Over packaging is bound to raise the price of goods, and these exquisite packaging materials ultimately have to be paid by consumers. Consumers buy for the quality of products. However, due to the "overlord packaging" of enterprises, consumers have to pay unnecessary prices

(II) problems reflected by over packaged products

1. the society needs to vigorously advocate green consumption. The excessive packaging of products is not only the fault of production enterprises, but also shows that our concept of green consumption has not been formed. Environmental protection must change the wrong concept of relying solely on the government. In foreign countries, the government is the natural enemy of environmental protection, and it is a large number of non-governmental environmental protection organizations that play a good role in protecting the environment. Social environmental protection organizations should spontaneously organize to resist over packaged products. The real realization of green consumption depends on the improvement of consumers' consumption quality. The society should widely carry out the publicity and education of green consumption knowledge and green consumption volunteer activities, so that consumers have the necessary knowledge of green consumption and purchase, and encourage more people to be enthusiastic about environmental protection. Through the public's participation in green consumption, we can realize the supervision of excessive packaging

2. Production enterprises need to establish the concept of green marketing. With the rise of green consumption, businesses must meet the psychological needs of consumers and establish the concept of green marketing if they want to stand firm in the green wave. In the context of economic globalization and China's entry into WTO, Chinese enterprises must also establish the concept of green marketing if they want to go abroad for export trade. ① After China's accession to the WTO, China's export products have repeatedly encountered green trade barriers and suffered huge economic losses, which should be learned

3. China needs to establish a circular economy society. Circular economy ② is a new economic development model based on the continuous recycling of materials, which uses ecological laws to guide the economic activities of human society. It requires that economic activities be organized into a closed process of "resource utilization - green industry - resource regeneration", and all raw materials and energy should be reasonably utilized in the continuous economic cycle, so as to control the impact of economic activities on the natural environment to the smallest extent possible. Considering the treatment of excessive packaging from the "end", it is necessary to establish a recycling system of packaging waste

4. China needs the support and guarantee of the legal system. There are only two provisions on the packaging and recycling of products in the current law. Article 20 of the cleaner production law: the design of products and packages should consider their impact on human health and the environment in the life cycle, and give priority to non-toxic, harmless, easy to degrade or easy to recycle schemes; Enterprises should pack their products reasonably to reduce the excessive use of packaging materials and the generation of packaging waste. Article 17 of the law on the prevention and control of environmental pollution by solid waste: products should be packaged with materials that are easy to recycle, dispose of or be easily absorbed in the environment; Producers, sellers and users of products shall, in accordance with the relevant provisions of the state, recycle the packaging and containers of products that can be recycled. It can be seen that the provisions of our laws on product packaging are basically at the level of policy declaration, and do not have specific operability. Although China has realized the necessity of simplifying packaging and the recycling of product packaging, these two simple regulations alone cannot solve practical problems

Second, legal countermeasures and system reconstruction to prevent excessive packaging of products

(I) reasonable definition and legal characterization of excessive packaging

1. Reasonable definition of excessive packaging

a basic premise to prevent excessive packaging of products is to make a reasonable definition of excessive packaging. Judging from the current practice of developed countries, whether the product packaging is excessive is mainly regulated from the perspective of packaging volume and/or packaging value. If it is clearly stipulated that the packaging positioning of the product shall not exceed 25% of the packaging volume, and the packaging cost shall not exceed 15% of the product value. For example, Japan's "new packaging guidelines" stipulates that the empty space in the container should not exceed 20% of the container volume; The packaging cost should not exceed 15% of the selling price of the product; The packaging should correctly display the value of the product to avoid misleading consumers. In order to cooperate with the implementation of the guidelines, the Japan Department Store Association also established a special committee. In addition, it is also stipulated in the "details of the appropriate packaging of commodity gift boxes" stipulated by Tokyo, Japan: in principle, the gap in the packaging container cannot exceed 20% of the whole container; The gap between commodities must be less than 1 cm; The gap between the commodity and the inner wall of the packing box must be kept below 5mm; The packaging cost must be less than 15% of the whole product price. Of course, for some liquid products that will ferment and expand when heated, reserved capacity should be made. For example, the British government stipulates that 5% of the reserved capacity of liquid is contained in metal barrels. The laws of many countries stipulate that the volume of the package cannot be greater than 1/10 of the volume of the package

2. Legal characterization of excessive packaging

from the attitude of developed countries towards excessive packaging of products, breaking them into small pieces of materials of a certain size, most countries regard excessive packaging of products as a fraud to consumers. The regulations and policies of the United States and Canada governing the operation of plastic granulators touch on a wide range of areas of the national economy. The policy stipulates that as long as there are too many empty spaces in the package not required by technology, the height and volume difference between the package and the content is too large, and one of the cases of unreasonably exaggerated packaging is fraudulent packaging. Japan regards the packaging behavior of empty space or excessive packaging cost as fraud; Germany's behavior of exaggerating the real content capacity with expanded packaging is deceptive. It is worth noting that in South Korea, over packaging of goods is regarded as an illegal act. If the manufacturer does not reduce the packaging ratio and layers of products in accordance with government regulations, it will be fined up to 3million won. In order to implement the restrictions on the ratio and number of layers of drug packaging, the Korean government has three measures to regulate manufacturers if the basic range is wrong: first, check the packaging; Second, reward signs; Third, fines for violation of packaging standards. First of all, for goods suspected of being over packaged, the government can require manufacturers or importers to go to special inspection departments for inspection. After receiving the notice, the manufacturer or importer must go to the inspection department for inspection at his own expense within 20 days, and record the inspection on the surface of the package, indicating the ratio of packaging space, packaging material, packaging layers, etc

(II) legal countermeasures and system reconstruction to limit the excessive packaging of products

for the problem of excessive packaging of products, we really can't find operable legal provisions from the current legal system. I'm afraid this is not a problem that can be solved by a simple packaging law, and we can't make a simple legislation of "headache cures the head, foot cures the foot". [4] We do not lack legal resources, but the various legal puzzles in reality once again show that the technology of previous legislation is immature. The same problem is stipulated in different legislative documents, which dismembers the legal provisions to solve the problem, and the direct result is that it is simply impossible to operate in practice. Therefore, this involves the system reconstruction of the relevant legal system restricting product packaging, and then put forward legal countermeasures

nowadays, most developed countries in the world restrict excessive packaging through legislation. [5] For example, due to the deterioration of environmental resources and the global wave of "green packaging", European governments have formulated packaging laws. Germany, which first advocated the recycling of packaging materials, formulated the "circular economy law", and Denmark took the lead in implementing the "green tax" system; Many countries require manufacturers, importers and retailers to take responsibility for recycling and remanufacturing packaging materials; [6] Over packaged goods are illegal in South Korea. In order to implement the restrictions on the packaging ratio and layers of goods, the South Korean government should inspect the packaging of goods, reward streamlined packaging, and impose fines on over packaged goods. However, China's packaging industry has no regulations in this regard, which has contributed to the unhealthy trend of excessive packaging to a certain extent. In order to regulate and restrict the quality, material and volume of commodity packaging, China should improve the legal system of restricting excessive packaging as soon as possible

first of all, China can consider formulating a packaging law to solve the problems existing in product packaging. "Packaging law" should mainly stipulate "green packaging" and packaging material recycling profit

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