Confirmation of the Subject of Environmental Administrative Penalty in the Context of Lease Relationship
In the practice of environmental administrative law enforcement,the eligibility of the subject of penalty is an important prerequisite for the establishment of administrative penalties.However,the change of responsibility subject caused by lease relationships has put administrative authorities in a predicament when determining the subject of environmental administrative penalties.The principle of liability for damage is a fundamental principle of environmental law in China,derived from the principle of the polluter pays,and its scope of responsibility covers environmental civil,administrative,and criminal fields.Therefore,administrative law enforcement agencies confirm the subject of environmental administrative penalties based on the principle of liability for damage,which is in line with the general principle that the perpetrator should bear administrative responsibility.In lease contracts,the parties may agree on clauses regarding environmental responsibilities,but they cannot change the subject responsible for administrative public law obligations.In the context of lease relationships,when determining the subject of environmental administrative penalties,administrative law enforcement agencies should adhere to the following principles:if there is a valid agreement to fulfill environmental obligations,it should be fulfilled by the first party or the third party specified in the agreement.However,the confirmation of the subject of environmental administrative penalties should be based on the actual perpetrator of the violation,while adhering to the principles of liability for damage and statutory punishment.In addition,based on specific provisions of environmental administrative laws and regulations,it is necessary to differentiate between violations related to pollution/damage to the environment and violations related to environmental management systems.Furthermore,the confirmation of the subject of penalties should be analyzed in a typological manner,taking into account the nature of the lease subject.
environmental violationsadministrative responsibilitylease relationshipliability for damageresponsible subject
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