"Accrued Daily Penalty" System Research In Chinese Environmental Law

Article 59 of the Chinese Environmental Law specified the “accrued daily penalty” system, this provided a legal basis for promoting this system nationwide. However, the current implementation of this system is not full-fledged, Sanction procedures of the “accrued daily penalty” need to be perfected urgently.It need combine special law such as air pollution control law to implement specific penalties. Through the local legislation and its practice results and problems of research, draw lessons from foreign legislative experience, The purpose of this paper put forward legal advices to perfect "accrued daily penalty" system.Firstly,This paper discuss the connotation and nature of "accrued daily penalty" system. According to the Chinese Environmental Law, The administrative organ for successive punishment by the day,the object of punishment is a behavior that illegal discharge of pollutants, was ordered to make corrections but refuses to correct. The start time of punishment is from the date of rectification.Penalty amount is the same as the original punishment amount. "accrued daily penalty" of the administrative penalty and execution punishment can co-exist by proper law.Secondly,The defects of "accrued daily penalty" mainly includes two aspects in the Chinese Environmental Law. One is that the application scope of "accrued daily penalty" is very narrow,fines set against ratio principles; on the other, "accrued daily penalty" and on-line monitoring overweight punishment lack cohesion system,they shall be ordered to correct term set rigid, suitable types of illegal about "accrued daily penalty" are numbered. Again, by investigating the extraterritorial legislative cases of "accrued daily penalty" system, analyze "accrued daily penalty" of the administrative penalty and execution punishment, two modes have their own advantages and disadvantages of the program.Finally, the focus of this writing, for the main problems existing in the "accrued daily penalty" system, based on the experience of the outside, it takes two suggestions to improve the system of "accrued daily penalty". On the one hand, on the basis of the existing environmental enforcement capacity, design the double track "accrued daily penalty", namely for the excessive blowdown online illegal behavior successive punishment by the day by the nature of the administrative penalty, in addition to other types of illegal dredge activities for successive punishment by the day, the use of the nature of execution punishment.Local environmental legislation, on the other hand, should be listed the illegal species in the applicable "accrued daily penalty". Put forward the applicable scope of the "accrued daily penalty" system including significantly increasing the penalties, environmental law enforcement and punishment too much but it is hard to stop, offenders subjective vicious strongly and general punishment difficult to stop the illegal activities. On the whole,illegal behavior types of applying to the "accrued daily penalty" can be overall volume and overweight unlicensed emission, in violation of the construction project management system, not according to license the discharge of pollutants, improper drainage, abnormal use of pollution control facilities and so on.