Study On Environmental Administrative Fine Discretionary Standard

Environmental administrative fine discretionary standard,as an important means of regulating the exercise of discretion by administrative organs,has both the attributes of "administrative self-control" and "rule of rule." It discloses the process of arbitration and the reasons for fines through technical means of plot refinement and punishment formation,which can effectively avoid the abuse of environmental administrative fines and achieve the purpose of controlling the discretion of environmental administrative fines.However,in the practice of the prevention and control of air pollution,environmental administrative fine discretion standard has not played their role as expected.Facing the difficulty of adapting traditional administrative fine discretion standard in the environmental field,administrative agencies mostly label the administrative penalty discretion standard with "environment",ignore the environmental concept,and ignore the coordination and integration of environmental and social economic interests.This has led to the "vacancy" of environmental justice.This paper takes environmental administrative fine discretion standard as the research object,investigates the implementation status of environmental administrative fine discretion standard and puts forward suggestions for improvement from the perspective of the prevention and control of air pollution.Specifically,this paper is divided into four parts: the first part is the introduction,which introduces the research background,research significance,research status at home and abroad,research ideas and research methods.The second part is about the concept,nature and characteristics of environmental administrative fine discretion standard.Starting from the concept and nature of the administrative fine and discretion standard,this paper discusses the specific meaning,nature and characteristics of environmental administrative fine discretion standard in the prevention and control of air pollution.The third part discusses the basic principles of administrative law that are mainly involved in the environmental administrative fine discretionary standard: the statutory principle,the principle of proportionality,and the principle of fairness and openness.The fourth part analyzes the current situation of environmental administrative fine discretion standard in the prevention and control of air pollution,including the three setting models of discretion standard,the problems of incompleteness of discretion standard,improper application and weak supervision.In the fifth part,on the basis of the above analysis,some suggestions are put forward to improve environmental administrative fine discretionary standard.Firstly,virtual disposal cost and "green GDP" are used as the discretion factors to reflect the degree of damage to environmentalinterests and the situation of social economic interests,and AHP is used to determine the weight of the discretion factors.Secondly,sort out the subjects of power,establishes a coordination mechanism,reflect the basic principles of environmental law in the applicable rules and regulate the application of escape clauses.Finally,it discusses the specific suggestions of strengthening the supervision of discretion standard from the perspectives of administration supervision,justice supervision and public supervision,and explores the path to solve the dilemma of environmental administrative fine discretion standard in China.