The Research On The Environmental Administrative Penalty

Nowadays, global environment problems are getting serious, those problems have caused dreadful weather, greenhouse effect and other problems. This have been threaten the survival and development of our human beings, so to protect environment and punish environmental crime are paid great attention in more and more countries, and so does in China. Our country uses civil means, criminal means and administrative means in order to solve those problems, and in all of those means, administrative means are used very extensive and effective. Environmental administrative penalty as one of the administrative means has the liability to ensure the enforcement of laws, to safeguard the dignity of laws, to punish criminal acts, to protect individual environmental right and so on. Environmental administrative penalty has such a grave responsibility that it is more important than other administrative means.Environmental administrative penalty's characters are it legal subject is broad and it has enforceability. Many subjects have right to penalty administrative counterpart, like local governments, environmental protection departments at the county level and above, departments in charge different environment areas and other departments which is entrusted by law. And administrative counterparts also have to abide by the environmental administrative penalty unless the penalty decision is wrong.Right now, our laws about environmental administrative penalty are getting better, we have built an environmental administrative penalty system which includes prestigious penalty, propertied penalty, behavioral penalty and personal freedom penalty. On March 1, 2010, a law named Regulations on Environmental Administrative Penalty is carried into effect, administrative detention is required by environmental administrative penalty law first time, and it adds some factors which can influence the discretionary power, it also more detailed and prudent. But our environmental administrative penalty law still very weak, like the procedure of punishment is not conform to the standard; the type of environmental administrative penalty is not enough; the legal supervision is too weak and so on. The reasons caused those problems are all kinds of: reasons of history, reasons of legislation and so on.So how to find the law's errors and then correct them will be very helpful to improve our environmental administrative penalty system. The thesis considers that to improve the enforcement of administrative laws, improve the system of procedure and improve the supervision; to concrete the amount of penalty and to increase some more factors that can influence the discretionary power; to perfect administrative detention which has just a very few written in environmental administrative penalty; and to introduce the system of"punishment by day"which has gotten a good results abroad.The advantage of this thesis is that it combines the self-examination and learn from the other, it pays attention to improve both internal and external. At present, we not only have to engage in self-examination but also have to learn from the other countries to improve our environmental administrative penalty. This is the request of environmental protection, the need to guarantee fairness and justice, and the means to build a socialist country which under the rule of law.