Legal Study On Environment Administrative Penalty

Since entering the post-industrial era,environmental problems have become increasingly prominent and have become a worldwide problem.Especially in recent years,in the problem of punishing environmental damage,countries all over the world generally adopt to increase punishment in order to protect environmental interests,and the increase of punishment can reflect the determination of countries to manage the environment.As one of the most common means used in the field of environmental punishment,environmental administrative fine has its special status and function in many punishment ways,compared with administrative warning,detention,confiscation of illegal income and other punishment methods.Fines have greater flexibility and universality.Because of the particularity of administrative penalty,it has become the main force in environmental protection and pollution control,and has made great contribution to environmental protection in our country.However,at present,China's environmental problems have not been effectively resolved,major environmental problems still frequently erupt,environmental administrative fines do not play its due deterrent role,there are a lot of problems.In terms of legislation,the amount of the fine is set too low and the manner in which the fine is set is unreasonable.In the aspect of law enforcement,the discretion of administrative organs is too large,the hearing procedure is not perfect,and the enforcement of fines is not strict enough to give enterprises enough legal deterrent.How to improve these problems in order to achieve the best results?The author suggests that from unifying the amount of fine of the same kind of environmental illegal act,adjusting the penalty base,the ratio and the distance difference,mode of establishment of scientific combination fines,Legislative issues of improving the amount of fines from several angles,In the aspect of law enforcement,this paper,from the angle of standardizing the discretion of administrative organs,suggests to establish a system of compulsory explanation of reasons for the amount of fines.In order to accept public supervision,improve the hearing procedure,strictly enforce the law,and finally exert the due function of the environmental administrative penalty system,the decision of environmental administrative penalty should be stated in the written decision of environmental administrative penalty to accept public supervision,improve the hearing procedure,and enforce the law strictly.