Study On The System Of Imposing Fines On Environmental Protection Administration

The environmental protection administrative enforcement imposes a fine,as the name implies,that the environmental protection administrative party refuses to perform or does not perform its administrative obligations within the time limit prescribed by the environmental protection administrative organ,and the environmental protection administrative agency forces the administrative party to perform the administrative exercise by increasing the amount of the fine.it is a kind of enforcement penalty for indirect enforcement of environmental protection administration.The Administrative Punishment Law and the Administrative Enforcement Law also apply to the applicable conditions,statutory proportions,performance procedures,and amount limits of the ordinary imposed fines system.In practice,the environmental protection administrative organs have imposed fines in accordance with the law,which has played a very positive role in supervising the environmental protection administrative parties to fulfill their administrative obligations,curbing environmental violations,protecting the ecological environment,and achieving environmental protection administrative purposes.The environmental protection administrative compulsory penalty system and environmental protection administrative penalties,environmental protection late payment fees,and the daily punishment system in the Environmental Protection Law have similarities,which are easy to be confused in practice,but their legal nature,scope of application,implementation purpose,The applicable laws and other aspects are completely different.Differentiating them is conducive to the application of the environmental protection administrative imposed penalty system.The environmental protection administrative compulsory penalty system is an important means to supervise the environmental protection administrative parties to fulfill their obligations,but environmental legislation is insufficient.At present,the environmental protection administrative compulsory penalty is widely applied by the local environmental protection administrative agencies,but how to impose fines is imposed,and the local environmental protection administrative agencies have different practices.The existing problems of the environmental protection administrative compulsory penalty system are as follows: The Administrative Punishment Law and the Administrative Enforcement Law have inconsistent provisions on the scope of application of fines,which leads to confusion in the implementation of imposed fines in practice;And the discretionary power to reduce and impose fines is too large;there is a different point of view on whether or not to make a separate penalty decision;in the implementation stage,the environmental protection department lacks the enforcement power,and the mandatory fine must be applied to the court.Execution leads to administrative inefficiency and so on.In the civil law countries and regions,there are enforcement penalties similar to the imposed penalty system,such as the German compulsory gold system and the Taiwanese banking system.In terms of legislation,Germany and Taiwan clearly stipulate the statutory scope of enforcement of penalties.Secondly,the laws of Germany and Taiwan clearly stipulate the implementation procedures of compulsory gold and gold.In practice,the executive authorities implement compulsory gold.In the case of sheet metal,a written notice must be made in advance,and the enforcement party must make a separate enforcement order.If the administrative agency does not make a separate enforcement order,it shall not directly execute the enforcement penalty.In addition,the environmental protection administrative organs of Germany and Taiwan have enforcement powers for enforcement penalties.This can improve the efficiency of environmental protection administrative organs and meet the efficiency principle of administrative law.The legal provisions for the implementation of the penalty system in Germany and Taiwan are worth learning.While drawing on the experience outside the domain,the author analyzes the dilemma faced by China's environmental protection administrative compulsory penalty system in the form of empirical analysis,and proposes corresponding improvement suggestions,such as regulating the discretion of the environmental protection department and unifying the environmental protection administration in legislation.The scope of application of the penalty system is imposed and the existing scope of application is reasonably expanded.The decision on the penalty is imposed in strict accordance with the provisions of the law,and the time limit for the environmental protection department to apply for court enforcement is shortened in law enforcement to improve the efficiency of environmental administration.It is expected to improve the implementation status of the environmental protection administrative compulsory penalty system,ensure the administrative enforcement effect and intensity of the environmental protection administrative organs,and achieve environmental protection administrative purposes.