Research On The Relative Centralized Right Of Environmental Administrative Punishment System

The Relative Centralized Right of Environmental Administrative Punishment integrates several administrative punishment rights formerly performed by several environmental protection administrations in accordance with the relevant regulations and procedures. Therefore, it is a reassignment of several administrative punishment rights formerly performed by several environmental protection administrations which, consequentially, shall stop corresponding functions presently performed through the Relative Centralized Right. It is different from but related to the comprehensive administrative law enforcement. The paper shows the present legislation situation about the Relative Centralized Right of Environmental Administrative Punishment and makes a further analysis to the issues arising in lawmaking and law enforcement. It is necessary to implement the Relative Centralized Right of Environmental Administrative Punishment, which is in favor of the improvement of legal environmental administration, of maximizing the environmental public Interest and in favor of promoting the reform to the environmental administration mechanism and law enforcement system. It is feasible in China to perform the Relative Centralized Right of Environmental Administrative Punishment, since China's law system is based on the theory "Control of Administration----Balance", a foundation of administrative laws. On the basis of successful experiences in foreign countries, the experimental districts in China have made a remarkable achievement in performing the Relative Centralized Right of Environmental Administrative Punishment. The Relative Centralized Right of Environmental Administrative Punishment should not only comply with the fundamental principles aimed at administrative punishments, but also should adhere to following principles as separation of right from interest, different guides for different departments, and common coordination. The Relative Centralized Right of Environmental Administrative Punishment includes three types of punishments, punitive, preventative and substituted. To improve the legislation of relatively concentrated environmental and administrative penalties system:First, reunification of the effectiveness of high-level central legislation must be carried out; Second, the entity qualification to exercise the relatively concentrated environmental and administrative penalties must be limited:Third, alternative environmental and administrative penalties must be increased:Fourthly, the applicable scope of relatively concentrated environmental and administrative penalties must be specified; Fifthly, those who violate the law and discipline must be severely punished, and the operability of legal norms must be enhanced. To improve the enforcement mechanism of relatively concentrated environmental and administrative penalties:First, the organizational system of the main environmental and administrative penalty entity must be improved; Second, the discretion of relatively concentrated environmental and administrative penalties must be standardized; Third, environmental law enforcement team building must be strengthened; Fourthly, hearing procedures for relatively concentrated environmental and administrative penalties must be improved; Fifthly, coordination and cooperation mechanisms must be established.