Research On Discretion Of Atmospheric Pollution Prevention Administrative Penalties

Human and nature form a community of life;we,as human beings,must respect nature,follow its ways,and protect it.Only by observing the laws of nature can mankind avoid costly blunders in its exploitation.Any harm we inflict on nature will eventually return to haunt us.This is a reality we have to face.Air pollution is the consequence made by people that overdraft environmental endurance to pursue economic interest.and now it has become the crisis and challenge that the whole world is facing.In China,for purpose of improve the air pollution,many laws,regulations and relevant policies which taking prevention and control into account have been introduced by country,province and city.In the field of law,a lot of examples not only reflect the firm determination but also highlight iron hand of the Chinese government to fight this tough battle.From law of EIA(2002)to Measures for the administration of environmental monitoring(2007),from Measures for environmental administrative penalties(2010)to Cleaner Production Promotion Law(2012),especially from Environmental Protection Law(2014)to Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution(2016),all above can evidence firm determination and iron hand of Chinese government.Administrative penalty of air pollution prevention is one of important legel means to solve environmental problems for its unique value.But legal liability section in Air Pollution Prevention Law has given administrative discretional power by a large margin.This problem has evoked much controversy in both theory and practice.And there is no unified solving strategy.Characteristics including substantivity,universality and initiative of administrative power make administrative discretional power a permanent phenomenon and an eternal topic.This article is based on basic theory,concept and principle of atmospheric pollution prevention administrative penalties and discusses it by induction and deduction,literature research,theoretical analysis method and comparative analysis.It analyzes three aspects of atmospheric pollution prevention administrative penalties current legislation:amendment of law,advantages and disadvantages.Then the article identifies three typical abuse of discretion problems that are fact-finding deviation,obvious unjustness of discretion results and failure to exercise discretion.And the three typical application of discretion problems that are deficiencies of legislative control,process control,standard control and judicial control.Based on the two aspects of discretion problems above,the article concludes three reasons which could be result in these problems that are weaknesses on organization structuring,the law-enforcement personnel's quality and law-enforcing environment.Finally,this article puts forward the measures to the questions to strengthen legislative control,process control,standard control,judicial contrl and institutional assurance.Above all,the article is trying to discover a direct solution to problems of atmospheric pollution prevention administrative penalties,then ultimately achieve sustainable development and improving quality of environment.