Legal Interpretation and Improvement Path of"No Punishment for First Violation"in Ecological Environment
"No punishment for first violation"in ecological environment is an original system spontane-ously formed in China's administrative law enforcement practice.From a legal perspective,"no punishment for first violation"of the ecological environment is not only a product of the balance between economic develop-ment and environmental protection,but also a crystallization of the integration and unity of administrative pun-ishment and administrative education,and is in line with the value orientation of"serving government"and"people-oriented law enforcement".However,from the perspective of administrative discretion standards,this law enforcement measure generally faces difficulties such as unclear element discretion,narrow effect discre-tion,and lack of procedural discretion.In this regard,we can follow the idea of"refining the plot,standardiz-ing the effect,and standardizing the procedure",clarify the constituent elements of"no punishment for first vi-olation"in the ecological environment,construct a hierarchical administrative penalty effect discretion sys-tem,and shape procedural rules and obligations that run through its operation.
Ecological environmentNo punishment for first violationFlexible law enforcementEx-emption listDiscretionary benchmark
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