On Environmental Administrative Penalty: Principle, Punishment System And Direction

The major program of lasting importance on human survival is related to environmental and ecological issues. Environmental administrative penalty is one of the law means to solve the problems of environmental pollution and ecological destruction. Research on the legislation of the institution is on doubt significant in theory and practice. Textual major idea is to consider and construct interrelated legislation theory by searching for the character of environmental administrative penalty. The dissertation is composed of five chapters.In chapter one, the author analyzes the character of environmental administrative penalty in macroscopical and microcosmic way. In macroscopical way, at first, environmental administrative penalty has the character of deterring, positivity, comprehensiveness because of the attribute of nation punishment. Therefore it is helpful to overcome the shortcoming of failing to internalize the damage, hold back again infractor, cognize the fact, protect environmental public and relieve. Next, environmental administrative penalty imports the environmental thought of risk prevention, environmental justice, weighing environmental pubic and economic public, public participation. The three merits make environmental administrative penalty turn into the prerequisite law way. In microcosmic way, on the one hand, the author educes the character of mulriple subject, one-sided object, and complicated target by deconstructing legal relationship of environmental administrative penalty. On the other hand, the author educes some other characters, such as exerting power with technology, intentions to break the law and punish is homogeneous, badgering with political stress, by investigating its relationship with technology, politics and economy.In chapter two, the author abstracts the character deficiency of environmental administrative penalty by viewing the existing legislation. By reviewing lengthways, the author educes its characters that the provisions turn to be numerous, the proportion is increasing compared with other provisions of environmental legal duty, and the regulation configuration is changing, and sums up that all previous legislation repairing has its traits, lawmaking becomes more strict, and there is joint pattern with other legal duty. By reviewing horizontally, the author educes the characters of fine, warning, administrative custody and ten kinds of ordinary administrative offenses. Moreover the author considers that the existing legislation is short of environmental value, scientific regularity and clear borderline at the basis of above-mentioned reviewing.In chapter three, the author deliberates the deficiency of environmental administrative penalty which laughs at environment value. Firstly, statutory principle of penalty itself is inadequate and environmental law is contradictory because of lag, the conflict and faintness which let out the objection of the principle. Therefore, it is necessary to exert risk precautionary principle to revise the statutory principle of punishment. Secondly, just principle of punishment is the essential request of justice goal, but justice goal has Proteus’s face which is complex and changeful. Thereby it is needful to bestow the idea of environmental justice, evaluate the legitimacy of legal duty from the worth level, scan the rationality of punishment system from the criterion level, and verify the extent to which the public participation come true. Finally, environmental administrative penalty must consider the principle of coordinated development in environmental law and the value of environmental offense, and then is looking forward to proportion principle. However, the proportion principle must innovate by judging the public of environment and economy, which is very different from the traditional judging between public and private interest.In chapter four, the author consummates existing punishment system to overcome the shortcoming that the kind and provision of punishment is not scientific. At first, the author cuts in with the fine. It is very necessary to resolve the root problem of too extensively setting of fine, harmonize the correlative conflicts, innovate the mode of enactment, conform the system resource on the basis of demonstration analysis and merit judgment. Secondly, the author intervenes by warning. The warning is a special kind of punishment of environmental legal duty, and is of unique value because it corresponds to the evolution current of environment administration. It is necessary to change the existing deficiency in theory, construct the system background and uniform the applying condition and mode. Lastly, the author discusses the administrative custody which is the most controversial penalty. It is already a kind of existing penalty, which is necessary and valuable. We should define its quality and orientation of high cost, limit the scope in malicious environmental offense, and consummate the existing relevant provision.In chapter five, aiming at the deficiency of vague borderline the author adjusts the aspect of environmental administrative penalty. The political culture which is the background of environmental administrative penalty is harmonious. And criminal law, administrative law, environmental law which are all connected with environmental administrative penalty appear to be modest, dilute and beneficial separately. At the same time, environmental administrative penalty itself has the mere stone of function to be maximized. Therefore, the misunderstanding that environmental administrative penalty should be more severe must be amended. Above all, we should fix the ordered correction a kind of relief penalty that makes the education aim become the internal part of environmental administrative penalty. In the next place, we should import reconciliation system to break through the localization of traditional administrative penalty by linking with more features of environment problems. In the end, we should divide environmental administrative penalty from other administrative means, criminal duty and civil duty. Environmental administrative penalty may exert its value fully only when it can be combined with other instruments completely.