Research On The Problem Of Applying Consecutive Daily Fines

As the Consecutive Daily Fines is involved in the Law of the Environmen tal Protection, its influence on the prevention of the environmental protection is increasing. However, the problem–how to apply the Consecutive Daily Fines into practice –cannot be neglected. Consequently, the China’s environmental pro tection department works out the Consecutive Daily Fines Interim Measures, w hich sets out the applying range, working procedure and ways of Fines. But ac cording to the previous practice and experience of the Consecutive Daily Fines that were employed in many areas, there are maybe some shortcomings that p revent the Fines from working smoothly. Therefore, based on the analysis of th e practice and experience and the relevant laws in home and abroad, this pape r aims at improving the Fines’ applying range, working procedure and methods of the Fines’ application.Apart from the introduction, this paper consists of four parts: part one ma inly analyses the Consecutive Daily Fines; part two discusses the Consecutive Daily Fines ’ application actualities; part three refers to the potential problems occurring in the process of the application; last part offers some advice to imp rove the Fines according to its relevant problems and issues.Part one analyses the Fines’ nature. this paragraph involves two aspects: th e nature of administrative daily fines and the nature of the executive daily fine s. This part discusses the two kinds of Daily Dines’ models and works out the relationship between the advantages, disadvantages and "no fines on the same issue". Besides, this part points out the China’s own decision.Part two discusses the Consecutive Daily Fines’ application actualities. It makes out further illustration on the existing applying range, working procedu re and ways of the Daily Fines based on the analysis of the rules of Interim Measures, and the previous experience.Part three talks about the potential problems during the application. On th e basis of the relevant rules in the Interim Measures and the problems in the practice, this paper holds that there are perhaps some problems in the existing Daily Fines. For example, excessive narrow applying range; excessive single fo rm of amendment; excessive difficult rechecking operation excessive simple starting and ending procedures of Daily Fines; limited ways of fines, etc.Part four offers some advice on the problems mentioned in part three. Thi s part, key part of the paper, provides some reasonable suggestions to improve the existing problems. This paragraph lists some improving advice as follows:expanding the applying range–apart from supplementing the substantive illegal behaviors, the Daily Fines should involve the proceduring illegal behaviors; ad ding and improving the amendment forms, and other legal amendments should be in the Daily Fines series; augmenting the rechecking operation and increasin g the rules of pollution discharge enterprises voluntarily applying the recheckin g, meanwhile, making the rechecking ways of environmental protection departm ents clear; improving the starting and ending of the Daily Fines and further m aking the supplements on the timely rectifing and reforming; supplementing a nd perfecting the Daily Fines’ ways; further illustrating the number and cycle o f the daily fines’ days, and the certain factors of fine quota and other problem s.