Daily Penalty System in Environmental Law of China:Historical Development,Application Dilemma,and Improvement
The revised Environmental Protection Law of 2014 ushers in a daily penalty system in national legislation.This system has been implemented in China for more than eight years.It is neces-sary to conduct a comprehensive review of its legislation and implementation.At the legislative level,the daily penalty system in China has gone through three stages:"local legislation takes the lead in trial,national legislation gradually comes into being,and than local legislation ac-tively responds."A relatively complete legal regulatory system has been formed.At the imple-mentation level,law enforcement data shows that the application rate of this system is extremely low,and law enforcement officers seem to be reluctant to carry it out.The reasons for this are not only the subjective one that the law enforcement officers dare not punish under the tendency of heavy punishment,but also the objective one that the system itself is cumbersome and unrea-sonable.In view of this,it can be improved from two paths of legislation and law enforcement:in legislation,to absorb local legislative experience,expand the scope of application,simplify the statutory constitutive requirements,and redesign the punishment method;and in enforce-ment,to clarify the"element discretion"and"effect discretion"to regulate the exercise of ad-ministrative penalty discretion.At the same time,the dual track penalty rules are to be de-signed against illegal behaviors that"may not be"punished on a daily basis.
万方数据
维普
