Research On The Implementation Of New Administrative Punishment Measures In Environmental Protection Law

China's "Environmental Protection Law" added the "daily punishment","limit production,stop production remediation","environmental administrative detention" three administrative penalties.The three new penalties in the role of environmental pollution prevention and control is gradually increasing the role,and how to correctly implement these three penalties,it is one of the issues that can not be ignored.In response to this,the government departments have promulgated the "environmental protection departments in charge of the implementation of continuous punishment on a daily basis","environmental protection departments in charge of the implementation of restrictions on production,stop production remediation approach" and "administrative departments to apply for administrative detention of environmental violations of the Interim Measures",The introduction of these measures on the implementation of the relevant administrative penalties,implementation procedures have made clear provisions.However,combined with the reality of China's environmental law enforcement,these three penalties in the implementation process still exists different degrees of obstacles and difficulties.The purpose of this paper is to make some suggestions on how to implement the three penalties,and put forward some countermeasures and suggestions on the basis of the local practical experience.The implementation of the law,including law enforcement,judicial,law-abiding,supervision and other links,this article is mainly on the three administrative penalties to study the law enforcement situation,while involving a small number of environmental justice issues.In the field of environmental justice only relates to the court to apply for the implementation of "limited production,shutdown" to accept the issue.This article mainly includes the following five parts:The first part:Overview of Environmental Administrative Punishment.This part mainly discusses the concept,characteristics and main types of environmental administrative punishment.The second part:"Environmental Protection Law" new administrative penalties.Respectively,to explain the new three administrative penalties applicable to the conditions and other relevant content and the three penalties between the relevant measures.The third part:"Environmental Protection Law" new administrative penalties to implement the situation and achieve results.This paper analyzes the implementation situation and the remarkable achievements of the three penalties in the fight against environmental violations,improve the efficiency of rectification and promote joint enforcement,and so on.The fourth part:"Environmental Protection Law" new administrative penalties to implement the existing problems.This is summarized as follows:the law is not meticulous,lack of maneuverability,and other single-line method of convergence,environmental protection departments and other departments with the lack of joint law enforcement is weak.The fifth part:Perfecting the Measures for the Implementation of the Administrative Punishment Measures in the Environmental Protection Law.In view of the implementation of these three penalties in the existing problems,one by one to put forward a comprehensive strategy.Summarized the following:to refine the legal requirements,to enhance the new "Environmental Law" and other single law of convergence,increase joint law enforcement efforts,the use of comprehensive law enforcement means to establish a sound environmental protection departments and public security departments long-term cooperation mechanism.