The Research On The System Of Daily Penalty In The Environmental Protection Law Of China

In recent years,with the continuous development of Chinese economy,some environmental polluters have been driven by interests,ignoring the supervision of the law,and illegally discharging pollutants into the environment for a long time,and causing more serious environmental pollution problems,and in the meantime seriously damaging the ecological environment.As a result,the life and production of residents and enterprises have been seriously affected.Due to the lack of law,we cannot impose strong penalties on the behavior of these polluters,and its illegal costs are often far lower than the corporate profits brought about by illegal acts.In order to solve this problem,the daily penalty system was formally add ed to the Environmental Protection Law in 2014.This system has increased the penalties for continuous environmental violations and has a significant effect on improving the illegal costs of environmental polluters.Therefore,it is necessary to systematically analyze and explore this system.Before 2014,regions of Chongqing and Shenzhen in China have made preliminary attempts on the daily penalty system,and also achieved good effects.In addition,some countries and regions have applied the system of daily penalty earlier than Chinese mainland.Due to the regional culture differences and other reasons,our understanding of this system is not identical,but their practices have provided beneficial references for the development of Chinese daily penalty system.This paper will use the literature analysis method,comparative analysis method,empirical analysis method and other research methods to study the system of daily penalty.Extensively collected the literatures on the daily penalty system in our country;and analyzed and compared the state of development of the daily penalty system at home and abroad;and conduct ed an empirical analysis based on the implementation situations of the daily penalty system in China.Starting from the basic theories of daily penalty system,this paper discussed the concept,natures and characteristics of daily penalty;then it discussed the developments of the daily penalty system of Chinese Environmental Protection Law,and comparatively studied the daily penalty systems of other countries and regions and their experience s,meanwhile,analyzed the implementation situations and summarized the current problems about Chinese daily penalty system,and then at last suggestions were proposed about how to complete the daily penalty system in Chinese Environmental Protection Law.