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9月起这些涉民生新规需注意

By新闻娱乐24

8 月 30, 2020

国家推行生活垃圾分类制度

修订后的固体废物污染环境防治法自9月1日起施行。

法律明确国家推行生活垃圾分类制度，确立生活垃圾分类的原则。统筹城乡，加强农村生活垃圾污染环境防治。建立建筑垃圾分类处理、全过程管理制度，健全秸秆，废弃农用薄膜，畜禽粪污等农业固体废物污染环境防治制度，对危险废物污染环境防治制度进行了完善。对违法行为实行严惩重罚，提高罚款额度，增加处罚种类，强化处罚到人。规定地方可以结合实际制定生活垃圾具体管理办法。

新法强化政府及其有关部门监督管理责任，明确目标责任制，信用记录，联防联控，全过程监控和信息化追溯等制度，明确国家逐步实现固体废物零进口。

八类药品不再纳入基本医保

根据9月1日起施行的《基本医疗保险用药管理暂行办法》，八类药品不再纳入《基本医疗保险药品目录》。八类药品为：主要起滋补作用的药品，含国家珍贵，濒危野生动植物药材的药品。保健药品，预防性疫苗和避孕药品，主要起增强性功能、治疗脱发，减肥，美容，戒烟，戒酒等作用的药品。因被纳入诊疗项目等原因，无法单独收费的药品，酒制剂，茶制剂，各类果味制剂（特别情况下的儿童用药除外），口腔含服剂和口服泡腾剂（特别规定情形的除外）等。其他不符合基本医疗保险用药规定的药品。

报废机动车回收更便利

9月1日起施行。《报废机动车回收管理办法实施细则》从资质认定和管理，监督管理，退出机制，法律责任等方面进行了明确规定，车主处理报废汽车有望更加便利。

细则确认允许将具有循环利用价值的报废机动车“五大总成”出售给具有再制造能力的企业，经再制造后予以再利用。细则明确，回收拆解企业应建立报废机动车零部件销售台账，如实记录“五大总成”数量、型号、流向等信息，并录入“全国汽车流通信息管理应用服务”系统。

民事诉讼中测谎结果不属于合法证据

9月1日起根据最高法施行的关于人民法院民事诉讼中委托鉴定审查工作若干问题的规定，测谎结果不属于民诉法规定的合法证据形式。

新规明确，人民法院将严格审查拟鉴定事项是否属于查明案件事实的专门性问题，对于通过生活常识、经验法则可以推定的事实，应当由当事人举证的非专门性问题，测谎等情形，人民法院不予委托鉴定。

最高法有关负责人表示，规定明确测谎结果不属于民诉法规定的合法的证据形式，只能起参考作用，人民法院不予委托鉴定，以避免将测谎结果当作鉴定意见，影响对案件事实的认定和司法公正。

道路运输经营者自主权将提升

9月1日起施行《道路旅客运输及客运站管理规定》。规定允许客运班车在起讫地中途停靠地所在城区沿途下客，便利旅客出行。允许客运站在满足基本服务功能前提下拓展旅游集散，邮政，物流等功能，充分利用客运站资源。允许包车客运向下兼容运营，即省际，市际，县际包车客运经营者可以分别经营省内，市内，县内包车客运业务。将包车客运车辆数量要求适度上调。规定取消许可条件中的车辆客位数要求，由经营者根据市场需求自行决定客车车型。将“途经路线”由许可事项改为备案事项，放开日发班次上限，允许在不低于车辆类型等级前提下调配车辆。客运站经营许可实行告知承诺制，简化相对人申请程序，缩短许可时限，降低企业制度性交易成本；强化对承诺事项检查和违法处置力度，确保承诺事项落实到位。

不得变相拖欠中小企业款项

9月1日起施行，《保障中小企业款项支付条例》为进一步保护中小企业合法权益、优化营商环境提供法治后盾。条例从规范机关、事业单位和大型企业付款期限，明确检验验收要求、禁止变相拖欠、规范保证金收取和结算、公示拖欠款项信息、建立健全投诉和监督评价机制、明确迟延支付责任等方面作出规定，依法保障中小企业款项得到及时支付，缓解中小企业资金压力。不得违约拖欠中小企业的货物、工程、服务款项。

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《9月起这些涉民生新规需注意》有67条评论

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