Research On The System Of Daily Punishment

The prosperity and prosperity of the country and the improvement of the public’s living standards are inseparable from a good ecological environment.Since the reform and opening up in 1978,it has gone through more than forty years,and the quality of life and economic development have improved.However,after the country and the people became more and more affluent,they neglected the protection of the ecological environment and eventually caused the environmental pollution situation in China to become more and more serious.How to stop the occurrence of environmental pollution from the legal point of view has become an urgent issue for Chinese legal people.Accordingly,on January 1,2015,China promulgated the new Environmental Protection Law of the People’s Republic of China(hereinafter referred to as the “Environmental Protection Law”),in which Article 59 clearly stipulates that the enterprises that continue to pollute the environment shall be counted on a daily basis.Penalty.In order to support the promulgation of the new "Environmental Protection Law",the Ministry of Environmental Protection of the State Council has also promulgated the "Measures for the Implementation of Continuous Penalties by the Environmental Protection Administration"(hereinafter referred to as "Measures by Day"),which further clarifies the daily punishment.The provisions of the system.The daily penalty system is a new means of regulating the illegal environment of polluting enterprises.It carries the expectation of the public and is of great significance for correcting the pollution discharge of illegal enterprises and achieving the goal of improving the environment.However,the beginning of any new thing is not smooth sailing.The system of daily punishment is a new system.It is still in the initial stage of exploration.There are many imperfections,which makes its application in practice not ideal.The discussion of the daily penalty system has once again become a hot spot of concern for environmental legal persons in China.In view of this,this article takes the daily penalty system as the research object,and combines the relevant provisions of the new Environmental Protection Law and the Measuresfor Daily Punishment and the applicable conditions of practice,and conducts in-depth discussion on it from daily punishment.Based on the legal attributes of behavior,the conditions and modes of action,and the scope of application,the problems and disputes arising from the application of the daily penalty system are explored,which provides reference for the improvement of the system of daily punishment in China,with a view to daily punishment.The further construction of the system contributes to the power.In addition to the introduction and conclusion,the research content of the daily penalty system includes the following four parts.The first part basically summarizes the daily punishment system in China’s new Environmental Protection Law,and analyzes the background and legislative status of China’s daily punishment system,and uses the chart to implement the effect of daily punishment.Conduct demonstrations and summarize the problems in the practice of daily penalties.The second part analyzes the nature of the behavior of daily punishment,and concludes that the daily punishment is an administrative punishment,and discusses the relationship and treatment between it and the “no more penalty”.In the third part,the judgment conditions of the daily penalty are applicable,and different judgment modes are analyzed.It is considered that a rational law enforcement concept should be constructed to avoid improper punishment and influence on the rights of administrative counterparts.The fourth part summarizes the scope of application of the daily punishment in practice,from the combination of the types of illegal behaviors and the comprehensive application of other punishments,and draws conclusions about the narrow scope of application.