Research Of The Related Problems Of Environmental Administrative Penalties Discretion Standard And Countermeasures

In recent years, the subjects of how to control the arbitrary administrative enforcement led by practitioners to explore the environment of discretion standard system of administrative penalties for focus are getting more and more attention from theorists. Especially in 2009, MEP executive meeting considered and adopted "Regulatory environment administrative penalty discretion opinions" (Hereinafter referred to as "Opinion") The opinion issued by the Ministry of Environmental Protection, as the first benchmark discretion. How environmental authorities more appropriately exercise of administrative discretion punishment work in practice is carried out detailed, quantitative requirements. This article from the analysis of the "opinions" of departure, analyze its existence problems and shortcomings in legislation, for the problem to find the appropriate countermeasures, standardize administrative punishment environmental protection department, lay the theoretical foundation for the improvement of environmental administrative penalties discretion standard system.The first part of this article, explains the basic theory of discretion standard of environmental administrative penalties. First-defined environmental administrative penalties discretion, then clarify perspectives of theorists on environmental administrative penalties discretion standard concept and nature.Through criticism and integrate different perspectives of scholars, put forward their own views. On the basis of clarifying the concept and nature of the environment administrative penalty discretion standard. Discusses environmental administrative penalties discretion standard functions. For the analysis of the text do the groundwork. The second part, elaborate content of "Regulatory environment administrative penalty discretion opinions" made by MEP. The author discusses the following main specific, the basic rules should be followed, The principle of punishment, the purpose of punishment, the magnitude of punishment, the means of punishment, the procedures of punishment,etc. Analysis results which need to be perfected on legislation of administrative penalty discretion standard developed by the MEP. The third part, the author analyzed the shortcomings of the administrative penalty discretion standard of environmental protection enacted in three aspects, developing of the subject is not clear, Standards too principles, develop procedures are not standardized. The forth part, according to the problems of environmental administrative penalties discretion benchmarking process, propose corresponding solutions. The first, specification of the main administrative penalty discretion standard. On the one hand clearly established provincial environmental protection department is the main part, on the other hand the various environmental protection departments should be a clear division, mutual cooperation. Secondly, detailed punishment standards of environmental administrative discretion standard. On the one hand reduce the magnitude of punishment,on the other hand rich the considerations. Through the above measures, further improve the environmental administrative penalties discretion standard system. The fifth part, carry out the work step by step in a well-plannde way,such as the proposal, expert, evaluation, decision and publication. Improving enviromental administrative penalties discretion standard setring process with the useful attempt.