A Study Of Applying Consecutive Daily Penalty Regime In The Law

At present,China'senvironmental pollution situation is grim,persistent environmental violations are widespread,and the status quo of "low illegal cost,high law-abiding costs" has been criticized all the time.Fines can be regarded as the most common use of environmental penalties in criminal law because of itslow fine amount and the single way of fines,which causedthatthe low one-time punishment cannot be effectively curbed to sustained environmental violations.In order to guide and urge illegal polluters to correct environmental violations timely and increase the cost of illegal act toform the deterrent effect,in the revision of “People's Republic of China Environmental Protection Law",it included the daily penalty system.In addition,with the introduction of "Environmental Protection Authorities in Charge of the Implementation of the Interim Measures for Continuous Punishment" issued by the Ministry of Environmental Protection has further standardized the scope of the system,penalties,the implementation of procedures and other issues.Since the implementation of the new law,the system has a remarkable effect on environmental pollution control due to its unique advantages.However,in the concrete implementation,we find that there is still controversy over the definition of the nature of continuous punishment on a daily basis,and there are shortcomings in the course of the application such as the narrow scope of application,the mechanization of punishment mode and the large discretionary space.There is still a huge room for improvement in the construction level.Therefore,in this paper,based on the domestic implementation such as the practice of Chongqing and foreign countries like American system model,through the collection and analysis of experience accumulated in practice at home and abroad,it will combine with case analysis and summarize daily registration system implementation data and other empirical methods.Also,the author will make some suggestions on the standard construction of the scope of punishment,the punishment mode and the discretionary discretion.This article has a total of three parts besides introduction and conclusion.The first part is an overview of Consecutive Daily Penalty.This part is divided into four aspects.First of all,the concept of Consecutive Daily Penalty System will be summarized.Secondly,it will elaborate the current situation of legislation and the background of the implementation of the system.Finally it will introduce the Consecutive Daily Penalty by applying the Civil Law model and the Anglo-American Law model in the world.And it will demonstrate confliction between the system with the China's Administrative Law theory from the purpose of interpretation and value confliction.By the comparison of the two models,it will make a choice based on China's national conditions.The second part is the application of the new environmental law after the implementation of the daily punishing system and the application of the existing problems.In this part,the author willfirstly combine with the "Environmental Protection Law" Article 59 of the daily penalty system applicable to the prerequisite for the discussion,and then through the provisions of China's laws and regulations,it will analyze the daily statistical data since the implementation and results to find the current application of our daily system of punishment in the process of possible problems.According to the relevant provisions of the "Implementation Measures" and the problems in the course of the practice,the author thinks that the daily punishing system is similar to the civil law model adopted in China,and it may have a narrow scope of application and the punishment mode mechanization,discretionary space and other issues.The third part aims to improve the standard construction of Consecutive Daily Penalty.This section mainly puts forward the reasonable suggestion for the above-mentioned problem and puts forward the perfect suggestion to the standard construction of the daily punishment system.First of all,the author considers to expand the "daily penalty" of the scope of the substantive environmental violations in the type of supplement at the same time as well as the procedural environmental violations into the "daily" of the scope of application.Then comprehensive application of the Civil Law model on Consecutive Daily Penalty and the Anglo-American Law model on Consecutive Daily Penalty and to achieve the desired effect of the system.Finally,it will standardizethe discretion of the administrative body of through setting the science amount of fine according to settingthe review period and usage count of Consecutive Daily Penalty reasonable,the choice of whether apply the Consecutive Daily Penalty from the subjective and objective level andotherway.