Research On The Daily Punishment System In The New Environmental Protection Law Of China

In the process of economic development,China has long taken the road of"pollution first,then treatment",neglecting the protection of ecological environment leads to more serious pollution problems,so it is urgent to adopt more powerful legal means to regulate environmental violations.Article 59 of the Environmental Protection Law,which was implemented on January 1,2015,formally establishes the daily penalty system.Currently,the system aims at the persistent illegal discharge of pollutants by entities,accumulating penalties for offenders on a daily basis,and realizing the dynamic supervision of the emitters thoroughly.Firstly,the article summarizes the system of daily penalty,analyses the starting conditions of daily penalty,compares the two modes of daily penalty in foreign countries,and clarifies that daily penalty does not violate the principle of "no penalty for one thing".Secondly,in view of the drawbacks of the weak practicality of the daily penalty system in China,the author tries to interpret the"Daily Continuous Punishment Procedure" issued by the Ministry of Environmental Protection on May 18,2017 from the aspects of "new circumstances" and the impact and Enlightenment of the amendment on the basis of grasping the intentions of legislators.Decision(Draft).Finally,based on this background,this paper puts forward some ideas to solve the problems of the application scope and review time limit of the daily penalty system,the setting of the penalty and the daily penalty quota,and the connection between the daily penalty system and the current Criminal Law and other departmental laws.