Study On The System Of Consecutive Daily Fines

Since the reform and opening up,economic growth of our country has got great achievement,but with the disappearance of the reform dividend,environmental problems are becoming increasingly prominent and causing concerns.Currently,the whole situation of our country's environment is not optimistic,and the environmental deterioration is still a major problem that restricts human development.With the growing public demand for self-survival and development,strict regulation and punishment of environmental pollution act as the primary goal of environmental protection.In particular,there must be severe punishment for persistent pollution,which will cause great harm to the environment,in order to make the corporation maintain vigilance.In view of this,based on a priori test in Chongqing and Shenzhen,the environmental protection law is the first time to stipulate the system of consecutive daily fines to change the situation that illegal costs less than observing the law.As a new system,the system of consecutive daily fines is inevitable accept people's query on its theory and practice.In academic terms,the nature of consecutive daily fines is always the focus of debate.There are two typical categories explaining the continuous punishment by the day: administrative punishment and administrative enforcement,but the location of different nature of continuous punishment will be widely divergent in its meaning and specific operation.Therefore,We must clarify the nature of it,reforming from the bottom,in order to prevent the mixing of theories.In the process of determining the nature of daily penalty,we should start from the essence of administrative penalty and administrative enforcement,and contact every element of the consecutive daily fines,and examine the content of the obligation of the administrative relative who refuses to perform from the perspective of administrative process.Besides,combining administrative law with environmental law,we should attach importance to the connection between various laws,and ensure the most accurate positioning of consecutive daily fines on the basis of the current law.In addition,another theoretical difficulty faced by consecutive daily fines is that when its nature is determined as administrative penalty,there will be a conflict between the act of continuous punishment and the basic principle of against double jeopardy of administrative punishment.In response to this phenomenon,academics often use more cases and more fines as defenses,but we can find another way,using the multiple penalties but the exception as an explanation,this can be regarded as a favorable method,because it not only conforms to the traditional cognition of "one thing",but also has a higher order theoretical basis.A solid theory of consecutive daily fines can guide practice and set a direction for it.In the practice of consecutive daily fines,it also faces the test,different administrative organs have different understandings when applying this system and result in some applicable problems,these problems affect the external behavior effect of daily penalty,and also affect the consistency of law application.In view of this,we should actively explore the causes of the problems,find solutions,and integrate concepts,entities,procedures and other dimensions in order to better play the role of protecting the environment and maintaining the ecosystem under the implement of consecutive daily fines.