On-site Versus Off-site:Validity Positioning and Institutional Options for Pollution Source Monitoring Data
Relying on the transformations in the pollution source supervision methods,off-site moni-toring data are gradually showing their application potentials in the environmental administrative law enforcement.In the academia,there are three mainstream views on the validity positioning of pollution source monitoring data:giving priority to on-site data,validity upon departmental identification,and a chain of evidence consisting of multiple evidence.In the practice,based on the observations on the case filing process under different validity identification of off-site monitoring data of pollution sources,it is found that there is the model of"no filing based on single evidence"with a requirement of on-site monitoring data as further evidence and a model of"delayed filing based on single evidence"with a requirement of review and approval by the environmental competent department.Further investigation on the complete law enforcement procedures from case filing to inspection,investigation,and punishment show that there are two law enforcement procedure models with off-site monitoring data as auxiliary clues and decision basis for case filing:the"off-site inspection+on-site inspection"model,and the"off-site inspection+on-site investigation"model.After the comparisons of two models,the model featuring"off-site monitoring data of pollution sources as the decision basis for case filing"conforms better to the national conditions in China.Based on this view,combined with the perspectives of administrative trust protection,stage review criteria,and institutional resource conservation,it can provide comprehensive and solid legal support for the above argument.In terms of corresponding system selection,it is advisable to promote the use of the law enforcement procedure of"case filing based on single evidence"for off-site monitoring data of pollution sources through diverse measures such as dual monitoring structure of on-site inspection and off-site monitoring in statutory administrative inspections,recognizing the validity of single evidence of off-site monitoring data in the case filing process,clarifying that investigation rather than on-site inspection should be carried out after off-site inspections,and attaching importance to the rights of the party concerned for defense and pleading in the administrative penalties.
off-site monitoring dataoff-site inspectionon-site inspectionadministrative case filingevidentiary validity
万方数据
维普
