Study On Administrative Fine For Environmental Pollution

Because of its timeliness and flexibility,fine has a special position in administrative punishment,which is the most common punishment measure used by environmental protection departments to deal with environmental pollution problems.In theory,such a common administrative fines shall be to the environment pollution have obvious inhibition effect,but in the practice of environmental pollution treatment in recent years,the achieved results is not as good as expected:the factory does not configure waste disposal equipment or drainage is not up to standard,ecological resources destruction events still occur,pollution of the environment of administrative penalty problem seems to be the bottleneck.The reasons are that there is a lack of understanding of the system of fines for environmental pollution,which leads to the defects of practice fashion,and there are too many factors affecting the administrative discretion in the process of law enforcement,and the positioning of judicial review is unclear.The introduction part of this article is based on the current situation of punishing environmental pollution cases in China,introduces the concept and function of environmental pollution administrative fines,and clarifies the particularity of environmental pollution administrative fines.Then the article from the"environmental pollution administrative penalty system setting" and "environmental pollution administrative discretion in the administrative penalty" two aspects analyze the administrative penalty problems:environmental pollution in the theoretical system,concretely introduces the our country present legislation concerning environmental fines,environmental pollution fines for special system-"according to the daily penalty" system,at the same time for the system implementation process Put forward suggestions to improve the problems.Then,it introduces the administrative discretion of administrative organs in detail at the level of fine execution,including the benchmark of administrative discretion,factors affecting administrative discretion,judicial review of administrative discretion by the court,and how to choose and use administrative penalty and other department laws in practice.As a difficult problem that cannot be ignored in the development of Chinese society,the environment is attached great importance to by individuals and organizations.Therefore,environmental governance is particularly important.But complex environmental problems,the high technical requirements,large coverage and involve conflicts of interest,which determine the environment the juristic responsibility system of administrative punishment system is different from other,request the administrative organ shall be maximum play to the role of the environment pollution of administrative penalty,realize the sustainable development of economy and ecological environment.