A Discretionary Benchmarking Study Of Environmental Administrative Penalty Discretion

The discretionary benchmark of the discretionary power of environmental administrative punishment is a way of self-control of administrative discretion.By concretizing the discretion granted by laws and regulations related to environmental administrative punishment,the abuse of environmental administrative discretion can be effectively avoided.To achieve the dual purpose of environmental protection and discretionary justice.This article takes the discretionary benchmarks that regulate environmental administrative discretion as the research object,analyzes the current status of our country’s environmental administrative penalty discretionary benchmarks and the existing benchmark-setting authority divisions are unreasonable,the gridding model of discretionary effects is unscientific,and the setting of discretionary factors After the comprehensive and imperfect supervision mechanism,we put forward suggestions for perfecting the discretionary benchmarks for the discretionary power of environmental administrative penalties in China.This article takes the discretionary benchmarks that regulate environmental administrative discretion as the research object,and puts forward perfect suggestions for the existing problems.This article is divided into five parts to discuss and discuss.The first part is an introduction to the relevant theories of the discretionary power of environmental administrative punishment and the criterion of discretion.Starting from the conceptual analysis of the discretionary power of environmental administrative punishment and the criterion of environmental administrative punishment,the rational basis for the existence of discretionary power and the restriction of administrative control methods are analyzed.The functional role of the discretionary benchmark.The second part introduces the development process of my country’s environmental administrative penalty discretionary benchmark system,combing from the first practice of the discretionary benchmark in Jinhua,Zhejiang in 2003 to the establishment of the system standard for regulating administrative discretion,and from regulating the environmental administrative punishment discretionary power.Explore specific content such as the update of the environmental administrative penalty discretionary benchmark after the implementation of the new environmental protection law,and at the same time summarize a series of new development trends such as the current environmental administrative penalty discretionary benchmark pays more attention to the punishment effect,the standardization of discretionary punishment results,and the regional integration of discretionary benchmarks.The third part analyzes the current situation of the discretionary benchmarks of the discretionary power of environmental administrative penalties in my country,and summarizes the existence of benchmark-setting powers,the setting of discretionary factors,the formatting of discretionary effects,and the discretionary supervision mechanism in my country’s environmental administrative punishment discretionary benchmark system.problem.Based on the theoretical support and problem analysis of the foregoing part,the fourth part puts forward suggestions for perfecting my country’s environmental administrative penalty discretionary benchmark system,establishes a multi-level environmental administrative penalty discretionary benchmark system,selects scientific discretionary effect grid models,and optimizes the selection of discretionary factors In addition to detailed standards and other methods,establish a legal and reasonable discretionary benchmark to regulate the exercise of the discretionary power of environmental administrative penalties.In the benchmark system,the limited public participation methods are clarified,flexible escape clauses are set,and the applicability of the case,the legitimacy of the benchmark,and the reasonableness of the results are standardized in the judicial review process to ensure the appropriate scope and intensity of the review.Various ways to explore and improve the discretionary benchmarks of the discretionary power of environmental administrative penalties,to achieve environmental administrative punishment procedures and entity discretionary justice.