"Daily Continuous Punishment" Function Research

On a daily basis for punishment is an important content of new environmental protection law of the increase,the purpose is to better cope with persistent problems of environmental pollution,and the implementation of the system can greatly improve the illegal cost and effective deterrent environmental offender.As a kind of more serious legal means,its implementation requires a series of conditions.After the discovery of the other party of the environmental illegal activities,shall be the administrative fines,shall be ordered to the other party to correct at the same time,after a period of time,in the process of reviewing if review found that the other party refuses to correct,on the other party is successive punishment by the day.Fine the day after the deadline for rectification until the end of the review,a fine base for the original amount of punishment,punishment is two number multiplication.Daily successive punishment for illegal behavior of sustainable environment,from objectively speaking,is the implementation of the two penalties,it with "a behavior not two penalty" is in conflict with the basic theory of administrative law,but under the condition of the law to make an exception,there are special circumstances exist,daily continuous punishment is a form of interruption of legislation,its legality and legitimacy from this.On a daily basis for punishment belongs to administrative punishment,the administrative penalty is held by the program.Since successive punishment system on a daily basis,it is suitable for the number of less,but from the trend in recent years,the cases presented the vigorous growth.At the same time,in the process of implementing,also exposed many problems,only the review adopt An Zha form,but the legal nature of An Zha,shall comply with the legal procedures,how to implement the administrative law enforcement in the process of effect and relative person legitimate rights and interests safeguard the balance between still need further discussion.In addition,the new "environmental protection law" the regulation is the need to consider when determining fines facilities operating cost of environmental pollution factors such as the regulation,but how to further refine the implementation still needs further analysis.And,in practice there are "to escrow" problem,many administrative organs of the fine by the day but not stronger closure measures to curb environmental violations.And,in practice there are administrative authority to review the other party only objectively whether to stop the illegal dredge activities as concerns whether the other party "refused to correct the rigidity of the judgment standard.In fact,from the administrative law theory,An Zha belongs to administrative hidden from the legal nature of investigation,it is still need to abide by the laws of the corresponding program,a series of elements of the program needs to be refined.Measures need to be improved,meanwhile,also include the following,such as to limit number on the application of the continuous punishments by the day,in the case of necessary to shut down on relative person's environmental violations,such as administrative detention legal means."To correct" exists in judging whether the other party,need comprehensive consideration of relative person to correct itself illegal behavior,the various measures taken by the measures taken are effective,review the effect of the correction,and so on and so forth,on the basis of the above factors comprehensive evaluation to judge whether the other party belongs to "refused to correct",and then decide whether to implement continuous punishment by the day.