| Article 34 of the newly revised Administrative Punishment Law of the People’s Republic of China（hereinafter referred to as the Administrative Punishment Law）in 2021 adds relevant provisions on the administrative penalty discretionary benchmark,realizing the discretionary benchmark from "trial" to "positive".As an important power orientation when administrative organs make administrative acts,from the perspective of specific content,the refined mode is still the main measure to implement the effective regulation of administrative punishment discretion benchmark.However,due to the influence of various objective factors,many aspects are still insufficient in the environmental protection practice.On the one hand,the supporting research of environmental law methodology in administrative punishment is to further innovate the theoretical paradigm of administrative penalty discretion;on the other hand,the theoretical connotation of administrative penalty discretion benchmark can be established in the environmental field.From the perspective of macro basic theoretical framework,the normative system of environmental administrative punishment has been established to some extent,but based with environmental protection practice cases,it is manifested in three aspects: formulation,unclear subject,small public participation,low technical structure accuracy,unreasonable considerations,hindering the realization of substantial justice and weakening the control function;guarantee,irregular internal constraints,inadequate external constraints and weak case guidance.Based on this,based on the development situation of Liaoning Province and drawing on the universal system experience at home and abroad,we can clarify the subject,expand the scope of public participation,improve the level of technical structure,moderate differentiation,routine application and escape in special cases;effective internal constraints,effective external constraints and regular release of relevant discretion benchmark,well reflect the scientific and institutional rationality of environmental administrative penalty discretion benchmark in Liaoning Province,and realize environmental legal governance. |
