Research On Environmental Administrative Punishment Hearing System Regulation

Since the reform and opening up, the development of technology and the improvement of people’s living standards increase rapidly, while environmental pollution and ecological destruction problems have been aggravating. Environmental protection law and related provisions were enacted, which made a great influence on preventing and controlling environmental pollution and improving the ecological environment. With the improvement of social civilization and environmental awareness among the general public, administrative penalties law which introduced the concept of hearing for the first time was issued, creating a precedent of hearing procedure in our country. After that, administrative penalties law enacted by environmental protection administration is a refinement of the law on environmental administrative punishment law, which is regulating procedures on administrative penalties in the environmental sector and promoting environmental law enforcement work. But the context concerning hearing procedure in environmental administrative punishment law and the provisions of administrative penalties law are too coarse, which lacks compatibility of the detailed provisions and has a big defect. With the increase of environmental enforcement and promotion of legal consciousness of the public, for hearing procedures also increased year by year, In2010the department of environmental protection has been specially developed and published environmental rules of administrative punishment hearing procedure to refine the hearing, and enhance operability. Environmental rules of administrative punishment hearing procedure issued by the environmental protection administration further refined the environment of administrative punishment hearing procedure of administrative.That the provisions of principles, scope, application condition on environmental administrative punishment hearing procedure and steps of putting forward and carrying out hearing procedure is stipulated in detail. The provisions highly emphasized that safeguard the legitimate rights and interests of parties, refined the application condition about hearing procedure and clearly stipulated the content of the presiding hearer, which make the hearing procedures more operable. Environmental rules of administrative punishment hearing procedure highlight its advantages and progress itself, however there still exists some problems like the imperfect provisions of presiding hearer, the simplicity of the rules related to hearing records, lack of hearing procedure of marital guaranty system and failing to stress the attendance of Non-governmental environmental organization. After all, study on environmental provisions of administrative punishment hearing procedure is a comparatively new topic, to resolve these problems we need to perfect the stipulations of presiding hearer, put forward measures of problems of hearing records, offer marital guarantee of environmental administrative penalty hearing by establishing special funds and improve the effect on hearing of Non-governmental environmental organization. As national attention on environmental protection, especially after the Communist’s18th Conference and the Third Plenary Session of the18th Central Committee of the Communist, ecological civilization construction has been put in highlight status, and integrated into all aspects and full process of economic construction, political construction, culture construction, and social construction, It has entered national economic social development. Environment administrative punishment hearing as important content environmental protection and public affairs, also get upgrade within national range.