The Research On The Environmental Administrative Penalty

Environmental administrative penalty refers to the environmental protection administrative agencies, the legal authorized organizations and the organizations entrusted by environmental protection administrative departments give administrative legal sanctions to the citizens, legal entities or other organizations for violating the environmental administrative legal regulations and constituting the crime or not but still must investigate the administrative legal liability according to legal jurisdictions and procedures. Being a special administrative penalty system, environmental administrative penalty has two prominent characteristics: widespread penalty main bodies and illegal behavior of penalty objects. The existence of a reasonable system must have its functions. By punishing and deterring environmental administrative behavior, it reaches the goals of preventing the occurrence of environmental illegal behavior and protecting the human coexistence environment. Punishing the environmental administrative illegal behavior is the demand of implementing environmental regulations and protecting the citizens'environmental rights. Moreover, it can prevent and reduce environmental pollution and sabotage.Environmental administrative penalty tallies the value of justice of laws and the environmental ethic. It is one legal mechanism of realizing precautionary principle. The legislative tendency on environmental administrative penalty is from abstract to concrete in our country. It is mainly shown by two department regulations, i.e. Regulations on Environmental Protection Administrative Penalty in 1992 and in 1999. Nowadays, the environmental administrative penalty system with three punishing types about prestigious penalty, propertied penalty and behavioral penalty has been established in our country. Each penalty form has its using situation. These forms should be strictly implemented according to legal regulations in the practice. Compared with other administrative penalties, such as tax administrative penalty, public security management penalty, financial administrative penalty, there are some differences between the environmental administrative penalty and the above administrative penalties respectively. It is these differences that exactly manifest the existing reasons and uniqueness of the forms of environmental administrative penalty. There are some distances between our country and the western countries due to establishing the system late. The methods of"measuring penalty by amount of days" and administrative detention in western environmental administrative penalty systems are worth of studying in our country. Therefore, we should consider the current national situation,"take its essence, and go to its dregs"under the present environmental administrative penalty system, absorb the advanced systems from abroad and further consummate our environmental administrative penalty system.