Study On The Application Of "Limit Production,Stop Production And Rectification"

With the "limit production,stop production and rectification" system written into article60 of the Environmental Protection Law in 2014,the role of this system in regulating environmental violations exceeding the standard and exceeding the total amount is increasing day by day.However,the problem-how to effectively apply the "limit production,stop production and rectification" system to practice-cannot be ignored.Consequently,the Ministry of Environmental Protection(now the Ministry of Ecology and Environment)issued the "Environmental Protection Departments to Implement Limit Production,Stop Production and Rectification Measures" and further standardized the scope of application and implementation procedure of "limit production,stop production and rectification".However,in the specific implementation,we found that there are some problems in the system of "limit production,stop production and rectification",and prevent its effective application.In view of this,based on the analysis of the current situation of the implementation of various regions in China,and combined with relevant laws and regulations.This paper aims at improving the applying range and working procedure of "limit production,stop production and rectification".Apart from the introduction and conclusion,this paper consists of four parts.The first part is the discussion of the legal nature of "limited production,stop production and rectification".This part is divided into four aspects.First of all,it analyses of the significance of discussing the legal nature of "limited production,stop production and rectification".Secondly,this paper expounds the different attitudes of the academic circles towards the legal nature of "limited production,stop production and rectification".Thirdly,it makes a dialectical analysis of the legal nature of "limited production,stop production and rectification".Finally,the legal nature of "limit production,stop production and rectification" should be recognized as "environmental administrative order".The second part is the analysis of the application status of "limit production,stop production and rectification".In this part,firstly,it makes out further illustration on the existing applying range and working procedure for the "limit production,stop production and rectification" based on the analysis of the rules of the "Environmental Protection Law" article60 and "Environmental Protection Department to Implement Limit Production,Stop Production and Rectification Measures".Then,statistics and analysis are made on the application of "limit production,stop production and rectification" since its implementation.The third part is the problems existing in the application process of "limit production,stop production and rectification".Through the analysis and summary of the implementation status of "limit production,stop production and rectification" in the second part,and in combination with the relevant provisions of "Environmental Protection Department to Implement Limit Production,Stop Production and Rectification Measures".This part puts forward that "limit production,stop production and rectification" in the application process mainly exists:The scope of application cannot meet the practical needs of environmental law enforcement;In practice,the implementation of "limit production,stop production and rectification" by environmental protection departments is suspected of infringing upon the legitimate interests of the polluters;The period is not clear;There are limitations in the release method and deficiencies in Information disclosure.The fourth part is the Suggestions on the application of "limit production,stop production and rectification".This part,provides some reasonable suggestions to improve the existing problems mentioned in part three.It should be improved from the following aspects:First,improve the scope of application of "limit production,stop production and rectification",and define the specific application of "exceed the maximum allowable daily total emission control index for key pollutants",and to clarify what are the "other circumstances stipulated by laws and regulations".Second,the environmental protection departments should specify the decision of "limit production,stop production and rectification" in order to avoid infringing upon the legitimate interests of those who are restricted production or stop production and rectification.Third,define the period of "limit production,stop production regulation".Fourth,change the way to remove for the "limit production,stop production regulation".The rectification plan shall be determined by the environmental protection authorities.At the same time,the competent environmental protection authorities shall conduct a substantive examination of the release of "limit production,stop production regulation".Improving the information disclosure system for the case of "limit production,stop production regulation" by the environmental protection departments timely and comprehensively disclose the information of "limit production,stop production regulation",and clearly stipulate the information disclosure of those who exceed the standards and exceed the total amount of pollutants discharged.