Research On The Legal Issues Of Consecutive Punishment By Day

In the legal norms of environmental protection field in our country,there is a consecutive punishment system according to day.It aims to strengthen the legal responsibility of environmental violators and eliminate the long-standing “low illegal cost and high law-abiding cost”in the field of environmental protection as the value goal,furthermore,it imposes daily fine for consecutive illegal discharge as its form of expression.In the increasingly serious situation of environmental protection,it has played a positive effect which we could say “once the key link is grasped,everything falls into place”.That system is not firstly created by our country.As exotic,the system has experienced a extremely rough process for its put down roots in our country.From the first test of local legislation to the amendment of the environmental protection law to formally incorporate it,there is a game between the economic growth and environmental protection on the behind,as well as the difference to legal issues in theoretical and practical realm.This is reflected in two aspects,the dispute of legal nature,and if it violates the principle of no one should be twice punished.In regard to the legal nature of consecutive punishment by day,it exists three doctrines called pecuniary sanction,administrative punishment,mixed nature.The doctrine of pecuniary sanction considered the system as an indirect enforcement for daily penalty to the illegal act,which refusal to fulfill the obligation of correction.Discussing from the background,the form and setting authority of legislation,the doctrine of administrative punishment demonstrated the validity and legitimacy of the system when it belong to administrative punishment.Meanwhile,the doctrine of mixed nature agreed that the system showed the double-quality of pecuniary sanction and administrative punishment,as a result,it can not be contained by any legal nature.As for the relationship between consecutive punishment by day and the principle of no one should be twice punished,there is no conflict if we seem the system as penalty,while it will be highlighted if we consider the system as administrative punishment.In theory and practice,how to identify the consecutive illegal acts,the penalty mode represents once punishment or not are disputed violently.That had a directly influence on its practical operation and effect.To solve those questions above-mentioned,we should base on the carding and interpretation of relative codes,refer to practical cases,observe the operating mode of the consecutive punishment system by day from a dynamic perspective.At the same time,use the principles of administrative law,explore deeply into the core of the system,thus achieve a clear explanation to the legal phenomena and the questions presented in the system,finally respond well to the needs of theory and practice on this account.Specializing to the legal nature,on the one hand,discussing in commanding a correction,then make its nature and content clear,find out its status and function in the procedure of the daily consecutive punishment.Thus figuring out the core of refusing to correct,from this can deny the legitimacy of consecutive daily punishment for being assigned to pecuniary sanction.On the other hand,from the double aspects of setting authority of legislation and penalty methods,finally figuring out the consecutive punishment by day as a method of sanction,is based on the administrative responsibilities confirmed by commanding a correction,thereby attribute it to administrative punishment.Aiming at possible conflict between the consecutive punishment by day and the principle of no one should be twice punished,starting at exploring the theoretical basis of the principle,then we have a clear view on its value and fundamental theory.Next,identifying “a matter”,and clarifying the working rules of consecutive illegal acts which has be seen as a matter.Through actual observing,confirming that consecutive daily penalty is only a form of penalty,it eventually can be attributed to once punishment.Thereby can get a conclusion that there is no controversy between consecutive daily punishment and the principle of no one should be twice punished.