Study On The Factors Of Environmental Administrative Penalty Standard

The environmental problems have become more and more serious since the post-industrial era, and it has become the international problem in this day. Especially in recent years, on the issue of punishment of environmental damage, countries enforce punishment generally, which reflects the determination of governance environment. As the main means of regulating the environmental management, environmental administrative penalty occupies an important position in Chinese environmental administrative punishment system,and it is one of the most effective way to punish illegal act. However, there are many problems for environmental penalty in judicial practice, for example, the fine way is not reasonable, the fine limit is out of keeping with social development, discretion standard is ambiguous, environmental law enforcement is inadequate and lacks scientific and appropriate standard, and even there are many improper places of environmental administrative penalty types and methods. Therefore, it is particularly important for us to study on the theory and practice.With the development of Chinese economy in recent years, environmental offenders’ economic power is increasing constantly and their ability to cope with environmental penalty is also improving, but there aren’t significant changes on the standard for environmental administrative penalty, and some methods of the environmental penalty has been disconnected to the level of economic growth, which is the reason why the paper studies on the standard for environmental administrative penalty. Therefore, the author plans to put forward some assumptions to perfect the standard for environmental penalty by introducing the system of environmental administrative penalty theory, analyzing the current problem about environmental penalty, using extraterritorial experience for reference and combining the present situation in our country. The outline of this thesis is as follows: in the first part, the author introduces real case in judicial practice, and analyzes the existing problems in environmental penalty through the penalty limit in that case. The second part is about the clarification of the environmental administrative penalty theory. The author makes a clear definition of environmental administrative penalty by introducing basic concept and straightening out the relationship between them. In this part, the author makes the theory outline about the value function of environmental penalty in order to enrich the legal principle on that. In addition, the author also makes a summary of some foreign standards related. Because the abroad have an earlier development in this aspect, they have rich experience and then much advanced experience is worth using for reference. The third part is about the analysis of the current situation of the standard for environmental penalty, for example, the ways of fines are not scientific, the discretion power is excessive and so on. In the fourth part, the author puts forward several suggestions to perfect the standard for environmental penalty in order to provide some thoughts to set the standard.The design of a system is bound to have its function and value, so does the environmental administrative penalty system. The aim of establishment of environmental administrative penalty is to deter offenders’ illegal activities by punishing them economically. With worrying about high environmental fines, the law breakers will abide by the environmental laws and regulations, hence the value of environmental justice and individual environmental right will be realized, and then the goals to safeguard human health and the natural environment, social and economic sustainable development will be come true finally.