Research On The Administrative Penalty Standard For Environmental Pollution In China

Pollution damage to the environment consequences of the seriousness of the pollution problem is around the corner, on the solution of the severe situation determines the one of the important means to prevent environmental pollution violations of environmental pollution administrative fines exist and the necessity and particularity of give full play to its due function.That is to say, according to current situation of our country’s environment, the state, society, and intensify environmental pollution administrative fines, realize the rapid and heavy pollution events, not only to deter and trigger a more serious crime of polluting the environment, prevent similar incidents occur frequently, and can improve the current environmental protection exists generally in the field of "the illegal cost is low.But in practice the worsening pollution condition shows that the pollution of the environment administrative fines on polluters produce deterrent, not play its proper prevention and arrest, punishment, etc.Investigate its root cause lies in the pollution of the environment administrative fines, set the standard is not reasonable, causing environmental pollution administrative fines to prevent pollution accident happened, protect the lawful rights and interests of victims purpose.Environmental pollution problems of complexity and uncertainty of risk determines the pollution of the environment on the necessity of the administrative penalty and particularity, so given the fine of the deficiencies of the standard is not reasonable, reviewing environmental pollution administrative fines set of standards is imperative.In this paper, the pollution of the environment administrative penalty standard question carries on the discussion from four aspects:The first part, explained the basic theory of administrative fines of up to standard, the environmental pollution from the pollution of the environment administrative fines, definition, function, theory on the basis of summary of environmental pollution on the necessity of the administrative penalty standard, then introduces the pollution of the environment administrative penalty standard basic connotation, for the second part introduces the legislation survey of the environmental pollution in our country administrative penalty standard theory foreshadowing, etc;The second part is in the first part is mainly on the basis of basic theory foreshadowing for the legislation survey of the environmental pollution in our country administrative fines of up to standard, introduces the status, on the basis of the analysis of the limits of the legislative principles and the pollution of the environment administrative fines in the reality of the shortage and its possible trend in environmental law revision and evaluation;In view of the fact that environmental pollution in our country administrative penalty legislation exists in the standard uncertainty, inconsistency, such as basic is in a state of "nowhere", this article in the third part mainly introduced the United States, Canada, Brazil, three representative countries about the pollution of the environment administrative penalty standard advanced legislation experience;Investigation aim is to draw lessons from foreign advanced legislation to our country’s legislative practice, according to foreign experience enlightenment to our country, this article in the last part puts forward the perfect our country environment pollution administrative penalty standard legal thinking, respectively, from the establishment of the administrative penalty standard restriction mechanism of environmental pollution in China, concrete way, improve the environmental pollution in our country administrative penalty standard three angles to illustrate relevant system. Specific measures such as "to the daily penalty" system, do not set limit, etc., to change "the illegal cost is low," law enforcement, legal, the laws.Measures the existence of a reasonable system, so the role and function of environmental administrative penalty is through punishment and deterrence environmental administrative illegal behavior, to prevent the happening of the environmental crime, protect human survival environment, so the reasonable standards for environmental pollution administrative penalties in accordance with law of justice value and environmental ethics.Developed countries gradually contradiction of resource environment, hundreds of years in our country also appeared concentrated, drawing lessons from the successful international experience, learn some of the lessons of failure, give play to advantages of emerging countries, can avoid the repetition of "pollution first, treatment", explore a new development path.In setting up the environmental pollution, therefore, administrative penalty standard should be fully considered in the process of its characteristics and combined with our country realistic national conditions, based on the existing standard of environmental administrative penalty fines for foreign environmental pollution administrative legislation standard "take the essence and discard the dregs", promote the pollution of the environment administrative penalty standard scientific, rationalization, fully play the function of penalty, Finally realizes the safeguard human health and the natural environment, social and economic sustainable development goals.