Research On The "Daily Penalty" System Of Environmental Violation

The "daily penalty " system into the legal scope of Article 59, "Environmental Protection Law" revised, for the implementation of the Act, then the introduction of "environmental protection departments to implement consecutive daily penalties" on a daily basis scope meter penalty system, implementation procedures, meter penalty methods to make further detailed provisions. The newly revised "Environmental Protection Law" in the daily count penalty system as a system of penalties established by the new law, with a provision of its provisions, the provisions of the administrative department of environmental protection has become an important basis for the implementation of a daily penalty count. Department of environmental protection in the past when faced with illegal sewage companies, because there is no corresponding administrative coercive measures can not be ordered to be made to cease, sequestration pollutant emissions penalties equipment, facilities and so on illegal polluters emissions exceed the standard punishment is a punishment once, in many cases can not effectively curb illegal sewage behavior of enterprises, and the implementation of daily penalty system would change the past, high-polluting industries such compliance costs, low-cost illegal cases through administrative coercive powers allow polluting industries without loopholes drilling, illegal sewage behavior of enterprises will face heavy fines due to be effectively curbed.In this paper, the author will count daily penalty system into the law of history, experience outside daily penalty regime applicable to daily penalty regime as well as a daily count penalty system problems and countermeasures in practice several aspects of daily to interpret meter penalty system. This paper collected some Chinese and foreign literature material and relevant case information, case studies of the actual characteristics of the current theories and practices of our daily penalty system, many of which problems and solutions put forward their own comments and suggestions and look forward to further improve the daily penalty system.This paper mainly from the following four aspects of research on daily penalty system:the first part of the basic problems of daily penalty regime systematically elaborated legal definition includes daily penalty system, the theoretical basis of a daily penalty count law course and the significance of the system, a clear object of study. The second part analyzes the extraterritorial application and experience daily penalty system for the implementation of a daily draw nutrients meter penalty system. The third part of the new interpretation of the "Environmental Protection Law" the relevant provisions of daily penalty to clarify the application of sanctions and other daily penalty system with interoperability issues. Compare fourth daily penalty system in different parts of the implementation, analysis of the problem and its possible causes of and propose ideas and countermeasures to solve.