Study On The Measures To Suspend Production And Rectify The "Environmental Protection Law"

The order to stop production is a newly added control measure for environmental pollution and ecological damage in Article 60 of the environmental protection law revised in 2014.The competent department of ecological environment orders to stop the production and operation activities of the polluter within a certain period of time in response to the over standard and over total discharge behaviors.The polluter shall make and implement the rectification plan by himself to eliminate the backward production process equipment,Prevent and control pollution from the source and reduce pollutant discharge.However,due to the imperfection of the basic system theory,there are many uncoordinated problems in practice,which affect the effectiveness of the system.Therefore,this paper discusses the relevant issues.This article is based on the environmental protection law revised in 2014,the regulations of supporting departments and the environmental legal system formed by the separate pollution prevention laws.Based on the brief discussion of the basic concept,behavior characteristics and legal value of the order to suspend production,this paper analyzes the problems existing in the system and practical application of the order to suspend production remediation measures,including unclear main contents,imperfect implementation procedures,inadequate supervision and relief channels.The root cause of many problems in the measures of ordering production suspension is that the identification of the nature of its behavior is not uniform,which leads to the imperfection of the basic theoretical content and a series of applicable problems.This paper analyzes the remedial,staged and incentive characteristics of the order to suspend production,compares administrative punishment,administrative compulsory measures and administrative orders,and finally concludes that the nature of the order to suspend production is an administrative order.Further analysis of the time limit governance system,administrative order behavior,order to correct and continuous punishment measures on a daily basis,explain the nature of the administrative order of ordering production suspension.In view of the problems existing in the rectification measures of orderingproduction suspension,the paper puts forward suggestions for improvement.In the environmental protection law and the measures of the competent department of environmental protection for the implementation of production restriction and shutdown rectification,the basic concept and behavior nature of the ordered shutdown rectification shall be specified,the applicable conditions shall be modified and improved,the implementation procedures shall be standardized,the supervision shall be strengthened,and the actionability and administrative compensation scope of the ordered shutdown rectification shall be confirmed.The basic content of ordering the production suspension to be rectified is improved through the system setting to form an environmental governance system with strong implementation,effective incentive and benign interaction.