生命週期生產者責任制度

林彥廷

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生命週期生產者責任制度

A Study of Extended Producer Responsibility System

林彥廷 , Masters　　Advisor：蕭代基　　

繁體中文

延伸生產者責任；資訊不對稱；原料製程； extended producer responsibility ； Information asymmetry ； material production process

Abstract │ Reference (78) │ Altmetrics

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Waste Disposal Act was enacted at 1988 by the Environmental Protection Administration in our nation which forcibly formulated product input and manufacturer to be responsible for the responsibilities of waste recycling. It was the first country around the world to legislate the stage of waste recycling into extended producer responsibility. The concept of extended producer responsibility was proposed by a Sweden environmental economist Thomas lindhqvist at the year of 1990. It was put forward in a research done by the Sweden Ministry of Environment. The definition of extended producer responsibility is the following: extended producer responsibility is a principle of environmental protection. Its purpose is to accomplish a decrease on total environment impact from production. The producer must pay full responsibility to the product, including the entire life cycle of the product, especially in its recycle, reuse and final disposal. Some related research and measuresamples of extended producer responsibility were carried out throughout the world. These measures emphasized on how to let producer to be responsible to its own product, and the responsibility after being used by consumers, which includes recycle, reuse and final disposal. On the other hand, measures for producers supervise the source of materialsin its life cycle was not yet paid in much attention.
However, in recent years, due to the poor supervision of product’s material production process and source of material, several problems had occurred. Systems about the solution of supervising material process and source were already established in foreign countries, and were initiated mostly by the producer itself. Because of the incoming environment pressure from production chain constructed around the world, international enterprises start to improve its environment protection measures. However, relying on voluntary action of enterprises is not enough to solve these problems. Currently, no countries around the world included the material production process supervision responsibility into its national law of producer responsibilities. 
Therefore, based on some observation through economic theory’s analysis and discussion, at the same time through solar photovoltaic industry as the case study method, this article generalized that its industrial pollutions were based on the following reasons. First, industry supply chains around the world were transnational, which is difficult to get controlled by unitary national law. Second, the improper emission of pollutions for upstream manufacturers have a lower cost compared to lawful disposal. In addition, the downstream manufacturers doesn’t have related responsibilities. Third, the principal–agent problem of central government and local government. Fourth, the information asymmetry of firms and supervisory authorities. Last, lack of international standards and industrial organization with leading properties, which current international standard doesn’t include pollution standards of material production process. 
In response to these causes, this research uses command control tool together with joint and several liability and presumption of negligence liability as the content of “extended producer responsibility system.” Through the design of potential Responsible parties to a subject, we can connect the compensation responsibility of upstream material suppliers to downstream firms. By combining the original extended producer responsibility at the waste treatment stage of products, we establish a system that request producers to be responsible to its product’s general environment impact, a “extended producer responsibility system”, which includes the product’s complete life cycle.

Reference ( 78 ) 〈TOP〉

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