On Structure Of Administrative Penalties Of Environment In Rule Of Evidence

Procedure for administrative penalties of environment is one of administrativeproceeding procedures, the core content of environmental administrative procedure.Evidence plays an important role in whether administrative penalties of environmentdecision work. Evidence is the basis for implementing administrative penalties ofenvironment, and the rule of evidence is the important content of administrativepenalties for environmental protection. Perfecting the administrative penalties ofenvironment is based on proper administrative procedures. Administrative penaltiesfor environmental protection in rule of evidence refers that environmentaladministrative department in charge, relevant people in public administration andother people carry out research to collect evidence, and review to determineevidence and affirmation of evidence should obey the rule. Recently many caseshappened in our country, because of ambiguous facts and evidence contributing torevocation of administrative penalties of environment, which leads to the failure ofthe cases. China’s common legal norm and special legal norm of environmentalprotection stipulate part rule of evidence, but it lacks united certain administrativepenalty for rules of evidence, and relevant academic study is not sufficient. Currently,according to some regulations of China Administrative Procedure Law, the defendant(environmental departments) is asked to put to the proof, and the requirements forproof and evidence should be higher than relative requirements for administrativepenalty；Meanwhile, with the severe pollution, relevant legislation, enforcement andjudicial requirements of our country are becoming more and more standard.Following by Supreme People’s Court Rules on Some Questions of AdministrativeProceeding Evidence, the55thitem in Civil Procedure Act of People’s Republic in2012explicated environmental nonprofit litigation system. In2013, Supreme People’sCourt and supreme people’s procuratorate published The Explanation on SomeQuestions of Treatment of Crown Case of Environmental Pollution, and in2014,Ministry of Environmental Protection and Ministry of Public Security issuedOpinions on Reinforcing Joining and Cooperation Environmental Law Enforcement,to increase attacking power for Environment illegal and criminal behavior. Under this background, the function of evidence during the procedure administrativeenvironmental penalty becomes more important, responsibility of offering theevidence of environmental protection administration becoming necessary. Toestablish a united and certain environmental administrative penalty is the need of joinrule of evidence and realizing of administer by law, as well as the just need ofguaranteeing the legal interest of public administration.The thesis illuminates evidence system of environmental administrative penalty,within the administrative law, environmental law and evidence theory, by way ofclassification, comparison, conclusion and demonstration. Starting from theconception of environmental administrative penalty evidence, characteristics, sortsand relation among evidence in litigation, the author studies the rule of evidence ofdomestic and overseas environmental administrative penalty, pointing out thatestablishing rule of evidence for environment should obey the principle ofadministration by law, principle of burdening for polluters and the principle thatjudicial efficiency should go together with procedural justice. Meanwhile the authorthinks that administrative penalties for environmental protection in rule of evidenceshould include rules of evidence investigation, review to determine, evidence,exclusive rule and proof for responsibility assignment. Survey and collection includeobtaining subjective according to working right, principle that administrativemanagement can be taken part in by people, principle of obeying legal procedure,principle of obeying portion and the principle of increasing administrative efficiency,listing methods and basic requirements for the collection of evidence, givingsuggestion that environmental assessment mechanism should be establish soon tomake expert conclusion gain more practical operation. The principle of review todetermine includes rule of functional detachment, principle of investigation for bothentity and procedure, principle of exclusiveness and making up principle, clearingthat the content of censorship includes relevance of evidence, validity and truth. As ofexclusive rule, combining with our country’s environmental administrative law,according to the rule of evidence for environmental administrative penalty, the authorthinks that our country should n’t establish strict exclusive rule for environmentaladministrative penalty. Exclusive rule of evidence consists of illegal exclusive rule， non-original manuscript exclusive rule and exclusive rule based on procedural just.Finally the author illustrates the rule of responsibility assignment, furtherdistinguishing the responsibility and rights of people in environmental protectionadministration.