Research On The Application Of The System Of Daily Pensions In Environmental Law Enforcement Of China

With the daily penalties system was written into China's "Environmental Protection Law" in 2015,the penalty for daily use has gradually increased in the prevention and control of environmental pollution,followed by the "Water Pollution Prevention Act" and "Air Pollution Prevention and Control." The law also introduced the system when it was amended.However,based on the analysis of the trial experience of the daily penalties system in various regions,especially Chongqing and Shenzhen,before the implementation of the “Environment Protection Law” in China,and in accordance with the nationwide three-year period of 2015,2016 and 2017,The application of the system of daily penalties and the analysis of the distribution of applications by provinces,municipalities,and regions shows that the current system of daily penalties has problems such as the narrow scope of application,the weak operability of the review regulations,and the simplistic conditions for starting and termination.In addition,there are also limitations on the method of penalties calculated on a daily basis.For example,the penalty period is not clear,and the penalty standard is determined to violate the principle of proportionality.Perfecting the design of the penalties system on a daily basis in order to better play its role in the punishment of environmental pollution,it is necessary to expand the scope of application of penalties on a daily basis and strengthen the review requirements in practice by improving the review form and clear review methods.Operability.At the same time,in-depth detailed enterprise "refusal to correct" and clear "on-time rectification" judgments to improve the start and end conditions of the daily penalties system.Finally,the standards for judging the number of days for penalty and the amount of fines will be clearly defined,and the method for calculating the penalty will be improved.Solve the problem of the current mismatch between the legal provisions of the daily penalties system and the actual implementation.