Research On Implementation Of Daily Penalty System Under The Background Of New Environmental Protection Law

A good living environment has a very important significance for both country’s development and the public’ daily production and life. Since reform and opening up, our country’s economy has developed rapidly, and people’s living standard has been improved steadily. However, because our country’s economic development has ignored the ecological environment protection for a long time, it led to the increasingly serious environmental pollution problems. How to sanction the enterprises’ environmental pollution behaviors through legal means has become an urgent problem. Article 59 of our country’s new Environmental Protection Law implemented on January 1st, 2015 clearly stipulates to implement the penalty counting by the day to the constant polluting environment behavior of pollution enterprises. With the issuing of the system of penalty counting by the day, the Ministry of Environmental Protection formulated the Measure of the Competent Department of Environmental Protection Implementing Continuous Penalty by the Day to make detailed regulations to this system. However, because our country’s system of penalty counting by the day is just established, it still has a lot of imperfections. The research to the system of penalty counting by the day becomes a hot topic of our country’s environmental legal circle again. For this purpose, this paper takes the system of penalty counting by the day of new Environmental Protection Law as the research object, and deeply discusses this object, which provides reference for perfecting the system of penalty counting by the day of our country’s new Environmental Protection Law.In addition to the introduction, this paper’s research contents to the system of penalty counting by the day of the new Environmental Protection Law are mainly divided into the following four parts. Firstly, this paper summarizes the basic issues of the system of penalty counting by the day of our country’s new Environmental Protection Law, and through analyzing the controversy of the concept of the penalty counting by the day, this paper makes the connotation and its system features of the penalty counting by the day clear and elaborates the meaning of the system of penalty counting by the day established by our country’s new Environmental Protection Law.Secondly, this paper analyzes the development of the current situation of our country’s system of penalty counting by the day; from the different perspectives of the penalty counting by the day, such as application range, implementation procedure and the wayof penalty counting, this paper finds out the problems existed in our country’s system of penalty counting by the day. Thirdly, it is the analysis and reference to foreign practical experience in the system of penalty counting by the day. Lastly, this paper puts forward the relevant suggestions by aiming at the problems existed in our country’s system of penalty counting by the day, and puts forward the suggestions to perfect our country’s system of penalty counting by the day from the aspects of the application range,implementation procedure, and supervision and relief of the system of penalty counting by the day.The innovation of this paper is researching the system of penalty counting by the day by taking the implementation of the new Environmental Protection Law as background. It can be more close to our country’s construction reality of the environmental protection legal system, promoting the implementation of the new Environmental Protection Law through the perspective of the system of penalty counting by the day, thus to effectively realize the prevention of environmental pollution. This paper puts forward several suggestions, in order to contribute to the perfection of our country’s system of penalty counting by the day.