Barriers & Solutions Research Of Consecutive Daily Penalty System Implementation

With the January 2015 with the implementation of the history of the most stringent environmental law said the new environmental protection law, China's environmental protection cause of ruling by law also entered the a new stage, in the new environmental law of the most striking Mo too daily meter penalty system, many scholars sent hopes on this. However, this system can be successfully implemented in our country, the implementation of the rule of law in our country to give its legislative mission, on the basis of the overall optimism, still have a cautious attitude.Consecutive daily fines system in foreign countries have been relatively mature degree of legal mode, from the integrity of the legislation to improve enforcement, to protect legal, has formed a scientific system. "The practical implementation of a daily penalty system, need is not only the provisions of the legislation, also need environmental law enforcement practice strictly enforced, but also is inseparable from a conducive to the successful implementation of the system of administrative system. From our existing legislation is not difficult to see that the "daily penalty" both in the system settings or the implementation of security there is a need to improve the place. China's "environmental protection law" the provisions of, just for the system to provide the possibility of a practice, and cannot eliminate obstacles existing in the "daily penalty" in our country. But there is no denying that the establishment of the system is the inevitable direction of the development of the world's environmental legislation, for the current environmental problems in the explosive emergence of China is concerned, this is undoubtedly a strong heart drug". The introduction of the system, as well as the "environmental law" has added a lot of rigidity, strengthen the protection of the ecological environment it should have to punish environmental violations of the law of the environment.Although the government has repeatedly stressed that never walk in the western developed countries "treatment after pollution" model of economic development, although decades of economic development shows that we are still in a repeat. Under the premise of limited resources, there must be an inevitable contradiction between environmental protection and economic development, but this does not mean that there is no coexistence between the two, the contradiction is always the unity of opposites. Implementation of the "daily penalty" system can coordinate the relationship between the two to a certain extent. From another point of view, on the strategic height of the national ecological civilization construction and the principle of ecological protection as a priority is a common consensus in academia, the so-called ecological protection priority is refers to the relationship between economic development and ecological protection of processing, to the improvement of ecological environment as the primary condition and ecological protection is to touch the bottom line. The reaction in the environmental legislation is to introduce the most stringent environmental legal system, and the destruction of ecological environment is the most severe sanctions, "daily penalty" is one of the most recognized by the international environmental protection in the most effective system.This article is divided into four parts, mainly around the daily meter penalty system implementation in the presence and potential obstacles of, and based on this proposed for solutions, in order to provide strong theoretical support for the full play the role of environmental protection. With the implementation of "environmental protection law" Article 59, the daily penalty officially as environmental legislation in our country a legal punishment system has been established, but this does not mean that it can get legislators expect good legislation effect, daily penalty implementation system still exist a series of obstacles.The first is environmental legislation is not perfect, the specific performance for the enforcement of environmental law in setting unreasonable, the daily penalty "scope of application, meter penalty days, cross administrative punishment of ownership regulations are not scientific; the enforcement of environmental factors are divided into two aspects of hardware and software and hardware table now the environmental protection department personnel financial system lack of autonomy, lack of effective law enforcement and supervision mechanisms, software performance for low environmental law enforcement officers do not have a strong sense of legal system and law enforcement personnel's professional quality; other obstacles are mainly local administrative assessment mechanism is not reasonable and daily penalty" difficulties in execution amount.For the above problem, this paper put forward the corresponding solving measures:in view of the problems existing in the legislation of environment, it should be a reasonable set of environmental law enforcement in the exercise, practice is refinement of the environmental legislation and perfect with the combination of law enforcement power exercising mechanism; can broaden the scope of application, a reasonable set of meter penalty date, a clear cross ownership of the right to punish the administrative divisions to construct "daily penalty". For problems existing in the fields of environmental law enforcement, we should strengthen the construction of software and hardware of environmental law enforcement in order to improve the ability of law enforcement, environmental protection departments reform the current personnel financial system, the establishment of long-term supervision mechanism of law enforcement, law enforcement officers of the environmental legal system idea and service quality enhancement. Finally, for other obstacles, through the environmental assessment point to the local party and government leaders and modify the relevant environmental judicial system to be resolved.Although total daily penalty system introduced in the environmental legislation in our country, but the system is not limited to play a role in environmental civil legislation. From some foreign countries' legislative experience, the system has been widely used in environmental criminal, national anti monopoly and many other areas of legislation. So, this potential legislation system, China is still in the primary extreme, in the legislative practice in the future have a greater development space.