Study On Environmental Deposit System

Since entering the post-industrial era, the environment problem has becomedifficult to cope with the needs of mankind. The harmonious coexistence of man andnature is directly related to human health and sustainable development of society. Inrecent years, all countries intensify the damage of environmental pollution violationspunishment, it reflect the government’s commitment to environmental protection. Thesystem of environmental administrative penalty as a national regulation ofenvironmental social relation of administrative means is the basic guarantee of theimplementation of China’s environmental legislation. It is charged with protecting thecommon interests of mankind, punish environment field non criminal violations, theimportant responsibility to achieve the prevention and control of environmentalpollution and damage restoration and the citizen’s environmental right can be realized.The system of environmental administrative punishment is a specific application inthe field of environment and development of administrative punishment system. It is theimplementation of the main legal punishment and extensive; the object of punishmentillegal behavior should; punishment means mandatory; a wide range of the salientfeatures of ductility of punishment; punishment relief. The system of environmentaladministrative punishment means of environmental justice and benefit value, to promoteenvironmental order, also is the intrinsic requirement of new environmental ethicsvalue.China’s current environmental administrative penalty system is the legislativesystem combined with "single laws and regulations, administrative punishmentmeasures" environment and Ministry of the environment and resources protection andutilization, Which covers the reputation penalty, property penalty, penalty and freedompenalty categories According to the corresponding penalty principle, every kind ofpunishment for illegal case needs different categories. China’s current environmentaladministrative penalty system is the result of the development after years of practice,the punishment system has been basically established, and however, we still haveshortcomings in the system of face. As the subject of law enforcement power of thecross, there is one law enforcement; law enforcement capacity is weak, the low qualityof law enforcement personnel, insufficient punishment of illegal, low cost; the basis oflaw enforcement is not unified, there are regional differences; law enforcement discretion misconduct, lack of effective supervision mechanism.A profound understanding of deficiencies in the system, and to clarify the truth, isfor us to further perfect the system benefits. The thesis proposal: first, to improve thelegislative system, revised legislation "law enforcement" situation; according to localactual, formulate rules for the implementation of the local; Second, to strengthen lawenforcement system construction, including strict professional and technical personnelwith a ratio; specification of discretion benchmark, which is divided into a plurality ofdiscretion level, each level certain provisions of the sentencing standards; constructionof environmental punishment of internal supervision and public supervision mechanism;Third, improve the punishment categories, including additional credit rating system.Increase the fine punishment, from environmental law enforcement to advanced foreignexperience, will be "punished" mode within the scope of national legislation in days,and the daily increasing mode, according to the regional economic development isdifferent, set different penalty minimum standards, cancel the fines, different casedistinction illegal behavior, realize punishment and education law ideal effect.