The Application Of Proportionality In The Environmental Seizure And Impoundment

In the face of the deteriorating environment,it is imperative to improve environmental quality,environmental administrative enforcement power exists short board.Before the enforcement of the new environment law,In the face of harmful consequences,the spread of a wide range of persistent acts of illegal sewage,environmental protection departments of the imminent pollution helpless in the face of harmful consequences.In the context of the concept of the rule of law of ecological environment protection has been respected,and environmental protection has been paid more and more attention.The environmental seizure and impoundment of application of situation in foreign countries and the legal provisions of the feasibility and necessity of study.After the formal implementation of the new environmental law,the new problem faced is how to ensure the good operation of the system,in order to achieve the purpose of setting the system.However,in practice the system process,abuse,misuse,as well as the legal effect is not obvious,such as a range of issues,attachment,arrest as a compulsory administrative measure,tremendous impact on the interests of the parties,once abused,may cause substantial damage to the party and a very bad influence on society.the formal implementation of the new environmental law we should focus on solving problems,not only the maintenance of administrative enforcement authority,fundamental objective is to safeguard the interests of society and the social order.This article centers on text analysis,discussion on the problem of the environmental seizure and impoundment,analysis the application of the principle of proportionality in the environmental seizure and impoundment and put forward perfect relevant suggestions about the environmental seizure and impoundment.Proportion principle in the field of public law plays a role of the highest guiding principle.Theory of the principle of proportionality also with the development of society and gradually get rich and perfect,and gradually formed a complete theoretical system,which exists not only in the field of administrative law also applies in other areas.Proportion principle focuses on the relationship between ends and means,its essence is to find a balance between the two in order to regulate the exercise of State power,maintaining social order and human rights.Paper through typical case about the environmental seizure and impoundment,Some suggestions are put forward to improve the application of the principle of proportionality in the system by Analysis of the relationship between purpose and means.