Study On "Daily Penalty" System Of Environmental Administrative Violation

The new environmental protection law formally established the "daily penalty" system.Through legislation,the risk prevention and control of environmental pollution is put forward from prevention and control after the incident to prior prevention and control."Daily penalty" takes increasing the illegal cost as the internal logic,and becomes a heavy blow to the continuous and persistent pollution behavior.It can correct the illegal discharge behavior of the enterprise and control the serious environmental pollution situation.It is very important to reverse the awkward position of environmental law enforcement department and realize ecological civilization.However,the dispute over the nature of the system has not been balanced,the construction of the system has taken shape,and the supporting regulations are not mature.This has led to frequent problems in the application of the practice and it has been difficult to achieve the expected results of the system.On the basis of the existing research,this paper is devoted to perfecting the system based on the clarification of the nature of the“daily penalty” and trying to maximize the effectiveness of the system.In addition to the introduction,this paper is divided into five parts.The first part elaborates the emergence and development of the “daily penalty” system,and analyzes the background and development context of the introduction of the system.In the second part,based on the study of the feasibility,legitimacy and rationality of the“daily penalty” system,first clarified the basic nature and positioning of the "daily penalty" system in environmental law,and at the same time,the operational logic was systematically elaborated,and the controversial issues were analyzed and demonstrated,so as to clarify the research object of the “daily penalty” system.It is concluded that "daily penalty" belongs to the administrative penalty of fine category,but is different from the general fine penalty.In the third part,demonstrates the legitimacy of the “daily penalty” system as an administrative punishment on the premise of two aspects: on the one hand,to synthesize the theoretical basis of the “daily penalty” system and to demonstrate its legality in relation to the issue of non-repeated penalty.On the other hand,from the view of law and economics,the author analyzes the validity and rationality of the “daily penalty” system.In the fourth part,taking the implementation process of "daily penalty" as the clue,elaborates the problems existing in the application of "daily penalty",including the design problems existing in the system itself,such as the scope of application of "daily penalty" andthe penalty procedure.Such aspects as the way of calculation and punishment,as well as the risk derived in the process of system application are analyzed.In the fifth part,in view of the problems and risks raised in the forth part,on the one hand,combining with the preliminary practice of the system of "daily penalty" in environmental administrative punishment,it puts forward some suggestions to perfect the system of "daily penalty".From microscopic to macroscopic,this paper discusses the scope of application,the problem of fine,the optimization of procedure and the connection with other systems.On the other hand,the risk prevention and control system is established to limit the applicable risk of the system.Balance should be achieved between environmental protection and protection of the legitimate rights and interests of the relative person.