The Research On The System Of Daily Penalty In The Environment Protection

In recent years,with the accelerated development of our country’s economy,we have vigorously developed productivity.At the same time,some companies only pursue economic benefits and ignore the ecological environment.Not only that,but the lack of strict legislation and the inadequate enforcement of relevant environmental protection departments have also led to more and more prominent ecological and environmental problems in our country.Therefore,with the continuous economic development,the environment is becoming more and more polluted,which seriously affects people’s lives,and people are gradually aware of the importance of protecting the environment.In this regard,my country formally implemented the new Environmental Protection Law on January 1,2015,which added a continuous daily penalty system,and formulated the “Measures for the Implementation of Continuous Daily Penalties by Environmental Protection Departments”.Enterprises and institutions and production operators have played a certain deterrent force,and at the same time,the illegal costs of enterprises and institutions have continued to increase.However,the legal nature of the daily penalty system and the status quo since its implementation need to be re-examined.In addition to the introduction,this article is divided into five parts.The first part describes the system from three aspects: the urgency of the implementation of the continuous daily penalty system of the Environmental Protection Law,the dispute of legal power and the process of entering the law.The second part mainly discusses the criteria for determining the amount of penalties for the continuous daily penalty system and the interpretation of Article 59 of the Environmental Protection Law,focusing on the application of the conditions of "pollutants" and "order to correct,refusal to correct",Provides a literal interpretation of "pollutants and "order corrections,refusal to correct".The third part focuses on the relevant regulations on the daily penalty system outside the territory,which are mainly divided into the British and American models and the mainland models for discussion,The United States and China’s Hong Kong region represent the British and American models,and the mainland model is mainly represented by France and China’s Taiwan region.It is compared with China’s continuous daily penalty system to compensate for China’s continuous daily penalty system.Insufficient,and take the essence of the overseas system of daily punishment to remove the dross,learn and learn from some of the excellent experience of overseas systems in line with China’s national conditions,so as to enrich our country’s daily punishment system.The fourth part of the article and The fifth part puts forward the problems in the implementation of this system and the solutions to these problems.It is necessary to adjust the amount of fines on a daily basis,the relief methods for the legal rights and interests of administrative counterparts,and distinguish the daily basis for enterprises of different sizes.The application of the penalty system will improve and enrich China’s continuous daily penalty system.