Research On The Daily Penalty System In My Country's "Environmental Protection Law"

Environmental pollution is one of the predicaments that the country’s development will inevitably experience.It is also inevitable in the development of our country.The ecological damage brought about by the rapid economic development has had a tremendous negative impact on China’s environment,transportation,and citizens’ health.It is true that economic development has made the level of citizens’ living standards,social economy,and national strength more stable.China has become the second largest economy in the world.However,due to the imperfection of the legal system and compromises on economic development,environmental issues are not given much attention and even the attention of citizens has not been brought to the attention of the citizens.As a result,the ecological environment in China has further deteriorated.Since China’s "Environmental Protection Law" was promulgated and implemented in 1989,it is obvious to China’s environmental protection work.However,in the past,the excessively low penalties for environmental protection laws and the actual implementation of many problems such as "pre-approval,first review,and then re-evaluation" have caused penalties for environmental violations to be inadequate and the cost of crimes to be too low.As a result,many polluting companies prefer to pay fines rather than rectification,and eventually the environmental problems are getting worse.In order to truly change the problem of the continued deterioration of the environment in China,it is necessary to update and improve the existing laws and regulations.Therefore,on January 1,2015,the “Environmental Protection Law”,known as “the most severe in history,” was officially put into effect after being revised.The academic circles have long called for and the system of daily penalties against corporate environmental violations is formally incorporated into the revised version.Environmental Protection Law.At the same time,in order to be able to better apply the penalties system on a daily basis,the Ministry of Environmental Protection has also issued the "Period of Continuous Punishments by Day" to tie in with the application of the penalties system in accordance with the "Environmental Protection Law," and the newly revised "Air Pollution" in 2016.The Prevention and Control Law also incorporates various types of atmospheric pollution into the category of fines on a daily basis.As of today,the Ministry of Environmental Protection has already passed the amendments(opinion)for the “Period of Continuous Punishment by Day”,which proves that the system of penalties on a daily basis has been continuously improved during the period of more than two years since its enactment.However,it is undeniable that the emergence of a new system will inevitably be accompanied by the emergence of practical problems.This paper aims to correlate the daily penalties system through the interpretation of the daily penalties system and analysis of relevant practice data.Research and analysis.This article discusses the daily penalty system through three chapters.The first chapter describes the main content of its system,and analyzes the practice of penalties on a daily basis through the collected data.The second chapter mainly elaborates on the related institutional problems reflected in the previous chapter’s practice data.The third chapter mainly focuses on the problems found in the previous chapter and makes corresponding optimization and optimization of the penalties system on a daily basis.The first chapter describes the system of daily penalty and data analysis.This section mainly starts with the historical evolution of daily penalties.It elaborates on the development process of the penalties system on a daily basis.Secondly,it analyzes the concept and nature of the penalties system on a daily basis.At the same time,it elaborates the applicable conditions of the system.Procedures,etc.;followed by analysis of specific data obtained over the past three years.Through the actual situation reflected in the data,the implementation status of daily penalties will be analyzed.The second chapter penalizes the problems existing in institutional establishment and practice by the day.Through the data collected in the previous chapter,and according to the “Environmental Protection Law” and “Continued Punishment Measures by Day” and other related regulations,the problems existing in the daily penalty system were discovered.The third chapter puts forward the optimization proposal for the system of daily penalty.This section mainly proposes reasonable optimization suggestions for the problems mentioned in the second chapter.This paper considers that improvement is mainly carried out in the following sections: the application of the penalties system on a daily basis is differentiated by different conditions,and procedural violations are included in the penalties system on a daily basis.At the same time,they are extracted through the relevant provisions of local regulations.The more widespread substantive violations have risen to national laws;the deadlines for corrections have been flexibly ordered,different situations have been considered,and different deadlines have been imposed on companies to correct the deadlines;and the methods of reexamination have been adopted and a combination of unannounced visits has been adopted.In the case of three-party supervision,review will be conducted;different start-up situations will be distinguished,the rectification status of the enterprise will be classified,and the establishment of a suspension status of the daily penalties system will be promoted to reduce the cost burden of enterprises and the enforcement pressure of the environmental protection department;A reasonable supervision system shall effectively supervise the exercise of the powers and penalties of the Japanese environmental protection administrative department according to the daily limit,and prevent the occurrence of abuse of power;finally,a special relief channel shall be established to provide relief for daily penalties,in the original remedy Based on the expansion of a relief that is specifically applicable to the daily penalty system Diameter,thus ensuring the legitimate rights and interests of the administrative counterpart can be an effective remedy,thus contributing to the implementation of a daily meter penalty system more just,legitimate and reasonable.