Research On Discretionary Benchmarks Of Environmental Administrative Penalty

Law-based administration in environmental protection is closely associated with the environmental interests of the people and the social harmony and stability. The self-modification of discretionary benchmarks for law-based administration in environmental protection departments is promoted by the expectation that the benchmarks should overcome over-discretion in administrative punishment. This article explores into the necessity, mandatory, control technique, supervision and restraint of discretionary benchmarks of environmental administrative penalty. it is proposed that the establishment of the principles and the related factors of discretionary benchmarks is the mandatory obligation for the environmental departments at all levels which have legislative power, and also it is the obligation for the environmental departments at all levels with the power of carrying out the environmental law to set up discretionary benchmarks. Perfect measures have also been put forward after distinguishing the merits between the simple Sub-grid technology and the technology combining Sub-grid and punishment formula. Suggestions for improvement is raised based on the analysis of judicial supervision, administrative internal supervision and public inspection.