Study On The Penalty According To The Day System In Chinese Environmental Law

China’s economy keeps increasing rapidly in recent years, the Economic strength ofpollution of main body is quickly going up in this process,so is its discharge capacity andcapability against economic penalty. So the problem in Environmental laws andregulations become more obvious, especially, the environmental administrative penalty.Driven by economic benefits, law breakers continuously or repeatedly do pollution, inother words, the continuity of pollution is evident, but there’s no targeted policy inenvironmental administrative penalty.“Penalty According to the Day”specific to thenormal feature of “continuity or consistency” in the unlawful practice,punishing by theunit of day in order to have dynamic supervision on dischargers,is a significant thinking tosolve this problem.On the basis of the legitimacy and effectiveness study done by other researchers,thisarticle generally elaborates the Penalty According to the Day system, clearly explains thefeature of “continuity or consistency” in the unlawful practice, and considers that thePenalty According to the Day system should be regarded as one of the environmentaladministrative punishment, on the basis of which, the article also explains that the PenaltyAccording to the Day system does not clash with the non-repeated penalty principle. Thereare still many problems remain in China’s environmental administrative penalty, such asthe unreasonable penalty setting mode, the obvious static feature of penalty amount settingand the inadaptation with development of society. The Penalty According to the Daysystem aims at the existing problem in environmental administrative penalty, and the lattershould be completed in the frame of the former as well. In the local environmental rules ofChongqing city and Shenzhen city, the Penalty According to the Day has already beenactively explored, though it’s a little different from what is hoped to construct in this article,by taking them as materials, this article puts up with some thinking to solve the problemssuch as the range of application, the start and finish dates of calculating, the setting mode of penalty and the setting of daily penalty limit of the Penalty According to the Day system,and its connecting with environmental laws and regulations.