A Legal Study On The Confirmation Of Environment Administrative Penalty Limit

As one of the important methods in environment administrative punishment, the environment administrative penalty is realizing the function of overawing environment law breakers by taking the economy punishment to the environment law breakers. The fine limit is the main comparable factor in the fine setting. Environment administrative organizations made different fine limits which will help them to realize the purpose of fine setting. When the fine limits exceeded the earnings of environment law breakers which was made by the law-executors the law breaker would give up the unlawful act after weighing and comparing their cost benefits. But when reviewing the current situation of the environmental legislation and law enforcement in our country the fine limit didn’t show its real effectiveness, which was reflected in the aspects such as low fine limit, unreasonable setting for the environmental administrative penalty, low unlawful costs which can not overawe the environment law breakers effectively; and on the other hand, it also showed in these aspects, for example, in the legislation there are no effective procedures to control the discretionary power for the environment administrative penalty to form and constrain the administrative discretion for the appropriate fine limit made by law-executors. Of course from the development of our present legislation, those questions have been improved to some extent. In the environmental protection act which was issued formally and was put into force on 1st January 2015, some new institutions have been stipulated to protect the environment, especially the continuous punishment system by days which was established formally in the legislation. It can greatly increase the limit of environment administrative penalty and enhance the punishment intensity and expected effects. But from the current situation of environment administrative penalty and its disadvantages, we can see the execution of the continuous punishment system by days can not change the reality of low unlawful cost fundamentally, so we also need to improve the aspects of environment administrative penalty such as the composition and the setting for the fine limit and so on from the legislative level and its basic part.In practical terms, there are three parts in the study. In the first part, the writer mainly analyzed the problems such as the current situation for the confirmation of environment administrative penalty limit. In this part, at the beginning, the writer defined the key concept and connotation for the confirmation of environment administrative penalty limit and analyzed the stipulations about the fine limit in current environmental legislation; and then by combining the current legislation situation and law enforcement practice, the writer found out and analyzed the prominent problems(the amount of the fine limit is too large; different fine norms; unreasonable procedure for the confirmation of fine limit) which existed in the confirmation of environment administrative penalty limit. In the part, the writer mainly researched and discussed the theoretical basis for the confirmation of environment administrative penalty limit. In the paper, the writer used the research achievement of related subjects for reference and quoted the theory of environment administrative penalty function, the theory of unlawful costs and the theory of administrative discretionary power control. In the part, the writer mainly studied how to guard against the unlawful act and overawe the law breakers by adding the unlawful costs and the writer also discussed the theory basis for the control of the environment punishment discretionary power. In the third part, according to the analysis of above two parts, aimed at current situation and problems about the confirmation of environment administrative penalty limit in our country, the writer put forward the countermeasures and suggestions for its improvement which mainly included the aspects such as confirming the constituent parts of the fine with reasonable ways, setting the limit in flexible and diverse ways, increasing the fine amounts by the way of punishing by day and realizing the procedure stipulations for the confirmation of environment administrative penalty limit by the improvement of the hearing of witnesses system, formulating and publishing effective discretion standards. The writer hoped these suggestions in the part can provide the help for improving the current status for our environment.