The Research On The Environmental Administrative Penalty

The environmental administration punishment gives the administrative punishment for the common people, the legal person or other organization because of the behavior that is defined as crime or the behavior that has not became crime with the violating the environmental protection administration law by the organizations which include the country environmental protection administrative organ, the legal authorized organization and environmental protection administration department according to the legal jurisdiction and the procedure. The building of environmental administration punishment aims at preventing environment illegal activity to protect human being's existence environment through the punishment and intimidation.The legislation of environmental administrative punishment in China embodies mainly in "Environmental Protection Law", "Administrative Punishment Law" and department rules and regulations of "Administration Punishment Method of Environmental protection" At present, our country has already established honorary punishment, property punishment and behavior punishment, three kinds of punishments types about environment administration punishment system. Each kind of punishment has its own suitable method. So it can be seen that there is more perfect punishment system. However, the building of environmental administrative punishment is late in our country. There are a lot of problems for the legislating, executing and supervising.(1) The problems of legislation embody in the definition's ambiguity of main body for having punishment right, the imperfection of punishment form, lacking of necessary power of enforcing law.(2) The problems of enforcing law embody in the serious regional protectionism, weak power of enforcing law and main body's abusing free decision power.(3) The questions of supervisal aspect embody in the imperfection of internal surveillance and lacking of outside supervisionThe thesis analyzes the problems and root of environmental administrative punishment for the above aspect. And put forwards the advice for perfecting administrative punishment based on profiting from the successful experience of Western countries to provide some help for perfecting our country's administrative punishment and let administrative punishment have more active effort on environmental protect...