Research On The Application Of The "Calculation By Day" System Of China's Environmental Protection Law

With the sustained and rapid development of economy in our country,environmental pollution situation is more serious,and the good and sustainable development of ecological environment is necessary premise of the social development,and the of human survival.Punish illegal acts of illegal polluters,contain spread serious environmental pollution,pollution problem and realize the virtuous circle of social development,has become the most pressing problem of the people’s livelihood.Before the revision of environmental protection law,the penalties of continuity,continue to discharge behavior is not hard enough,leading the main body is not afraid of punishment,or rather to fines for drainage,and the original "environmental law" lag lead the environmental protection department have nothing to do,only remain some legal provisions of punishment.The rising consciousness of environment right,different social subjects as well as the administrative power of comprehensive,driven by the new "environmental law" was promulgated,the daily penalty system make innovations and window by academics and social widespread public attention.As a new system,"daily penalty" bearing the myriad expectations,as the important means to solve the problem of continuous blow down behavior,to improve China’s environmental protection department of law enforcement embarrassment and correct illegal business behavior that is of great significance to realize environmental protection.System building in its early infancy,the rules are still shortcomings,lead to " daily penalty" works in practice,there are many problems in difficulty to completely achieve the desired effect.Based on the academic circles has set the "daily penalty" system in the research of feasibility,validity and rationality of basis,first of all to the establishment of the system of "daily penalty" has carried on the system elaboration,analyzes its new impetus and before about "daily penalty" academic controversy,then has carried on the induction analysis on controversial issues,through the academic point of view of rationality and the empirical analysis of law,it is concluded that "daily penalty" execution properties.Second,in the clear "daily penalty" under the premise of system properties,applicable to "daily penalty\" detailed in this paper,the problems,including problems in system design,and system risk problem,aims to clarify "daily penalty" system for trouble.Finally,this paper puts forward the corresponding perfect idea,according to the above analysis of the specific problems put forward the corresponding solution."daily penalty" system should follow the basic principles,based on the principles,on the one hand,"daily penalty" system is put forward in the scope of application,ways of punishment,review way,the specific improvement methods;Discretion benchmark system is put forward and,on the other hand,discretion,the mechanism of justice by deadline for risk reduction.