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On The Revision Of Environmental Protection Law And Its Implementation

Posted on:2017-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:R J ZhangFull Text:PDF
GTID:2131330485467483Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental protection has become a global issue nowadays. The majority of countries of the world have taken effort in issuing laws to punish environment polluters. In order to help our country’s development and environment protection, China has enthusiastically passed related laws. Among all the methods of punishing the law breakers, administrative way is the most common and effective way. It holds multiple responsibilities including protecting the laws dignity, punishing law breakers, fulfilling civic environmental rights and so on.The latest version of Environmental Protecting Law which was amended in 2014 has many impressive features. It starts a whole new page of our nation’s environmental legal system. Comparing to the old version of Environmental Protection Law, the new one makes a big step in legislative intent, legal responsibility, fundamental system and so on. It provide strong legal support for environmental protection in new era.Environmental administrative penalty is referred to as subject with authority of administrative penalty imposes sanction on doers, who endanger the environment and break related legal documents and administrative law but not the criminal law. In China, the Environmental Administrative penalty regulation has been amended several times and became better and better. It has been clearer and more specific in many ways, for instance the amendment in 2010 addedadministrative detention into the catalog of environmental administrative penalty for the first time. However, the administrative penalty regulation still has issues like disproportionate legal responsibility against liability, obstructed connection between administrative and judiciary system. In executive process, the regulation also failed to solve the problem like limited executive right, incomplete executive outcome. Facing so many problems, the latest Environmental protection law makes some huge improvement by adding the Punishment by the day system, strengthen the successive punishment. While recognizing the improvement of the latest amendment of the environmental protection law, we have to be clear of the still limitations of the law so that we could solve the problem we still have and make our legal system better and better.
Keywords/Search Tags:Environmental protection, the new Environmental Protection law, Administrative enforcement
PDF Full Text Request
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