"Waste of tongue" good law and good governance in order to curb the


　　deputies and members from the perspective of the rule of law operation CD Weapon

　　□ Our reporter Xu Weilun

　　This year's government work report pointed out that it is necessary to "carry out food conservation actions."

Focusing on "strengthening economy and opposing waste", many representatives and committee members offered suggestions and suggestions during the National Two Sessions this year.

They believe that the passage of legislation can effectively manage the front end of catering companies, and make full use of technological means to promote the construction of smart restaurants.

　　The deputies and committee members also proposed that it is necessary to stop the negative energy such as the amount of unhealthy "food and broadcast" that is mostly eaten, exaggeration and curiosity, and further establish the correct value orientation and advocate the popularization of a green lifestyle.

　　Legislation to rectify food waste

　　Some people may ask: Is the topic of "saving" still so important in my country's grain production for successive years of bumper harvests?

"'The beginning of extravagance, the gradual end of danger', I saw several sets of data a few days ago: the per capita food waste in my country's catering industry is 93 grams per person per meal, and the waste rate of large gatherings is as high as 38%. The food wasted every year About 35 million tons, close to 6% of my country's total grain output." In the view of Li Yingxin, a member of the National Committee of the Chinese People's Political Consultative Conference and vice president of the People's Court of Tongzhou District of Beijing, "how distressing."

　　Yan Jianguo, a deputy to the National People's Congress and member of the Central Committee of the Jiu San Society, believes that the global new crown pneumonia epidemic has sounded a wake-up call for food security, and that legislation to rectify food waste is vital to people's health and sustainable development.

　　This view was endorsed by Li Yingxin, member of the National Committee of the Chinese People's Political Consultative Conference, and director of Beijing Jintai Law Firm Pi Jianlong.

"Article 14 of the Constitution of our country stipulates: The state strictly enforces economy and opposes waste. Passing legislation to oppose waste in catering is a concrete manifestation of the spirit of the Constitution." Pi Jianlong said.

　　As a matter of fact, the Civil Code that came into effect on January 1 also stipulates "strict conservation and opposing waste". Article 9 clearly stipulates that civil entities engaged in civil activities should be conducive to resource conservation and protection of the ecological environment.

　　"This is the green principle." Lu Hongbing, a member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the All China Lawyers Association, said in an interview with a reporter from the Rule of Law Daily that this green principle is reflected in the various chapters of the Civil Code. For example, the contract is compiled in The chapter "Contract Performance" emphasizes that "the parties should avoid wasting resources, polluting the environment and destroying the ecology in the process of performing the contract."

　　From a legal perspective, Lu Hongbing said that customers eating at a restaurant is itself a contractual act, and customers should follow the above requirements of the Civil Code to avoid wasting resources.

　　The reporter noted that in December 2020, the draft anti-food waste law was submitted to the 24th meeting of the 13th National People's Congress for the first review.

Regarding the provision in the draft that "catering service providers can charge consumers who cause obvious waste to deal with food waste," Lu Hongbing believes that it embodies the principle of consideration and the green principle of the contract.

　　Use big data to build a "smart restaurant"

　　"If the wood is tied to the rope, it is straight, and the gold is for the benefit." Li Yingxin believes that a sound legal system is a powerful guarantee to curb waste. The excellent experience of other countries can also be referred to in the legislative process, such as France, Italy and other countries. In the form of severe crackdowns, tax reductions and exemptions, food waste should be avoided.

　　Starting from the catering process can effectively prevent food waste.

At the front end, preventing diners from over-ordering has become the focus of legislation.

This has been clarified in the draft Anti-Food Waste Law, "Beijing Regulations on Stopping Food Waste (Draft for Soliciting Comments)" and Hebei Province's "Regulations of the Standing Committee of the People's Congress of Hebei Province on Strict Economy and Opposing Food Waste" Regulations include the establishment of persuaders, promotion of small-size meals, and the posting or placement of reminder signs.

　　In Pi Jianlong's view, legislation on anti-waste should also be "adapted to local conditions" and more research on grassroots eating habits. "Because China is a vast country, the eating habits of each place are different, and localities will introduce corresponding local legislation or implementation based on actual conditions. The detailed rules can more effectively implement national laws. In this process, the central government’s guidance to local legislation should be strengthened."

　　In addition, Pi Jianlong believes that legislation should also encourage the masses to report wasteful behavior, and law enforcement agencies should follow up and deal with it in a timely manner.

For the waste of public funds, the perpetrator can be investigated for administrative legal responsibility, and the amount is huge and the circumstances are extremely serious. Criminal responsibility can be investigated in accordance with the law; for the waste of ordinary consumers, education or fines can be adopted to effectively deter catering waste.

　　In addition to front-end reminders, the legislation also pays much attention to the back-end of catering, emphasizing that big data and other technologies can be used to analyze and judge consumers' dining needs, and through the construction or sharing of central kitchens, distribution centers and other measures, food procurement, transportation, storage, etc. Carry out scientific management to prevent and reduce waste.

　　The reporter learned that Renmin University of China launched a "smart restaurant" system last year, which effectively collects big catering data through chips integrated on the tableware, so as to predict the number of people dining the next day and provide basic judgments for the restaurant's ordering amount of ingredients.

　　"The content of the legislation on strengthening the use of intelligence in preventing waste belongs to encouraging clauses, advocacy clauses, and supporting clauses." Lu Hongbing believes that in this regard, it is also possible to increase the support of finances and taxation from the legislative level. content.

　　Promote the harmonious coexistence of man and nature

　　One porridge, one meal, it is not easy to think about it; half a thread and half a thread, constant thoughts are difficult.

　　Li Yingxin believes that in daily life, green lifestyles should be popularized more widely, from CD-ROM actions to promoting energy-saving and water-saving products, from using green furniture and building materials to advocating green and low-carbon travel, to form a moderate, green and low-carbon travel. , Civilized and healthy lifestyles and consumption patterns are the fundamental solution to eliminate waste, in order to promote the harmonious coexistence of man and nature.

　　Regarding the phenomenon of "big stomach king" in some short videos, such as eating and broadcasting, eating, eating, drinking, and wasting food, Li Yingxin feels that this runs counter to the good culture of diligence and thrift. The first thing to do is to change "pay for yourself, and be frugal. "The wrong concept of ", establish the correct value orientation.

　　Lv Hongbing stated that Article 8 of the Civil Code clearly stipulates that civil subjects shall not violate the law or public order and good customs when engaging in civil activities, and bad "eating and broadcasting" videos clearly violate the above-mentioned principle of public order and good customs.

　　The draft anti-food waste law in the legislative process has also drawn a red line for "eating and broadcasting", expressly saying "no" to programs that promote food waste such as overeating and overeating.

　　Yan Jianguo suggested that the scope of publicity could be further expanded, and relevant content such as the anti-food waste law could be actively promoted through online media, adhere to both standards and guidance, and increase public awareness of anti-food waste. At the same time, he suggested that the Standing Committee of the National People's Congress wait for the implementation of the anti-food waste law. Carry out special law enforcement inspections, so that the whole society can develop a good habit of wasting shamelessly and saving honor.

　　In addition to the Anti-Food Waste Law, the Food Security Law has also been included in the legislative plan of the Standing Committee of the 13th National People’s Congress. At the same time, it has been included in the 2021 legislative work plan. Specific provisions are made in the law.

Legislation of "strengthening economy and opposing waste" is already on the way.