The Research On The Environmental Administrative Penalty In China

With the continuous growth of the global population and economic globalization and integration,the problem of environmental pollution and destruction has become increasingly serious.The extreme weather caused by environmental deterioration has become increasingly frequent,and the immediate danger and induced potential risks have caused human survival.And development has caused tremendous adverse effects.Therefore,while countries around the world are striving to develop and innovate technologies for environmental pollution control,they have also attached greater importance to environmental protection and have stepped up efforts to sanction environmental violations and crimes.In recent years,China has continuously increased its efforts in environmental protection and applied environmental protection laws and other laws and regulations to prevent and solve environmental problems in advance and sanction and punish environmental violations.As a kind of legal means,environmental administrative punishment not only has the advantages that criminal law,civil law,commercial law and other laws do not have,but also integrates the concept of environmental protection as an important part of environmental legal responsibility,emphasizing compliance with the laws of natural ecology,and the protection of environmental resources law.It has become an indispensable and important legal means for solving environmental pollution and destruction and coping with ecological crisis.However,in our country's actual situation,the environmental administrative penalty is not optimistic at the level of legislation and implementation,and faces many difficulties,such as the existence of cross-examination of law-enforcement subjects and unclear power and responsibility;the environmental protection authorities are vulnerable to internal and external factors in the execution of punishment.Obstacles and restrictions in many aspects,the entire supervision system and mechanism for enforcement procedures,etc.,and the lack of judicial safeguards in the enforcement of punishments by courts,etc.,resulting in difficult implementation of environmental administrative punishments and low rates of place,failing to effectively exert their abilities.has an effect.Therefore,this article intends to study the concept,types,principles,values and other legislative conditions of China's environmental administrative punishment,further sum up its characteristics,and at the same time in practice to investigate its implementation status,through a large number of real data and representative cases in some places,from multiple perspectives.Analyze and summarize the existing problems,analyze the reasons in depth,and introduce and sum up the successful experience in the implementation of environmental administrative penaltiesin foreign countries,and then put forward specific countermeasures and suggestions.First of all,in thinking,change the "re-legislation,light law enforcement," establish The concept of "regarding equal emphasis on legislation and law enforcement" combines legislation and law enforcement closely.From the perspective of facilitating law enforcement,the legislative system for environmental administrative punishments will be perfected,the discretionary powers will be standardized,the environmental administrative management system will be perfected,and the departments responsible for environmental protection will be given enforcement measures.Powers and various law enforcement measures,improving litigation systems such as environmental civil lawsuits and environmental administrative lawsuits,trying the legalization of environmental protection inspectors,improving environmental protection police,environmental protection courts and other safeguard mechanisms and strengthening the construction of law enforcement teams,and promoting good environmental administrative punishment in China Law enforcement effectiveness In order to better ecological civilization construction and beautiful Chinese,achieve harmonious development between man and nature.