The Legal Nature And Perfect Measures Of Daily Consecutive Penalties

For a long time, due to the legal limit of environmental administrative penalty is low, illegal costs are high, compliance costs are low, which is not enough to punish and deter environmental violations,leading to the existence of a great number of the continuing environmental violations. In order to improve the illegal cost and curb the long-standing environmental illegal, in the light of the existing foreign legislation and based on the practice of China Chongqing Shenzhen and other places, April 24, 2014,the second session of the Standing Committee of the National People's Congress passed the revised "environmental protection law", established the system of daily consecutive penalties, it has also become one of the biggest bright spot of the new environmental law.On the one hand, the system implements the governing philosophy of "ecological civilization", terns the " end treatment" into "source control", by "top design" in the legal level to make environmental protection law grow "teeth", helps to reduce pollutant emissions, protecting the ecological environment, manifesting the country's strength and determination of strictly punish illegal sewage under the concept of ecological civilization. On the other hand, by way of imposing financial penalties continuously,improve the illegal cost, so that no one can benefit from his illegal behavior, thus created a fair market competition environment for law-abiding person.Based on the research and analysis of the existing research results, this paper focuses on four parts. The first part clarifies the basic problems of daily consecutive penalties system, including the concept, basic characteristics, basic content and the significance of the system, etc. The second part discusses the legal nature of the daily consecutive penalties, investigates three kinds of theories : the administrative punishment theory, the administrative compulsion theory, the mixture theory, and the appearance of penalty the connotation of administrative punishment established by the substantive law of our country, Eventually on the basis of the administrative process theory put forward my point of view that should be according to the different stages in the administrative process analysis its legal nature, and discusses the significance ofclear the legal nature of daily consecutive penalties. The third part mainly using the method of comparative study, through comparing with other countries legislation and Chongqing, Shenzhen's local laws and regulations, find out our country current daily consecutive penalties system existence insufficiency. The fourth part mainly proposed the corresponding improvement measures to overcome the disadvantages, and discusses the connection between environmental law and administrative law of daily consecutive penalties system, the basic principle of administrative law that should be followed, and the administrative remedy measures.In this paper, the research of the daily consecutive penalties system is based on the massive literature reading, due to our country's research of daily consecutive penalties started late, less data is available for consultation, so it is inevitable for flaws and shortcomings, I hope you can forgive me, and please feel free to advise me, in order to improve the system of daily consecutive penalties, joint efforts, make the system really play a real effect to curb environmental pollution.