China’s Environmental Administrative Punishment System Present Situation, Problems And Countermeasures Research

Nowadays, global environment problems are getting serious. To the punishment of offenders, all countries in the world formulate corresponding legal. In order to make our country’s economic construction adapt to the environment, Our country uses civil means, criminal means and administrative means punish the environmental violations. Among them, the administrative means is used the most widespread and effective, which is the important guarantee of implementing the environmental laws and regulations, and bearing the responsibility of maintaining legal dignity, punishing illegal crime, protecting the environment and resources as well as the realizing the citizen environment right and so on.Environmental administrative punishment is the point to have the power to punish criminal behavior according to the statutory authority,procedures and legal norms, although including who not yet constitute a crime or a crime but still need to undertake the administrative responsibility. In our country, the law of “Environmental administrative punishment method”after several modified increasingly perfect from the point of system, law enforcement situation, principle, type, jurisdiction, execution,supervision and relief are more specific, shows sharply environmental characteristic.Such as the "environmental administrative punishment method" in 2010, is the first time putting the administrative detention in the environmental administrative penalty’s type and increasing the discretion of the plot. But there are many problems to solve, such as the illegal behavior consequences not be adapt with the legal liability,environmental administrative punishment not connecting smoothly with the judicial system. There are problems of executive power, such as the small executive power,The bad effect of enforcement here are problems of Supervision,such as the lack of effective environmental administrative supervision mechanism, and low public participation problems. These are the current predicament of the environmental administrative punishment method. On January 1, 2015,the environmental protection law is largely made up for the predicament, increasing sanctions on a daily basis and the successive punishment situation, etc. But the environmental administrative punishment don’t solve the problems of itself.So we need to strengthen the legal liability, increase the cost of illegal, strengthen coordination on environmental administrative penalty and the judicial system, clearly define the responsibilities ofexecution, improve the system of environmental administrative supervision, and improve the degree of public participation and so on.