Research On The Standards Of Environmental Administrative Penalty Judgment

The benchmark of administrative discretion has always been the focus of academic research,but the research of the benchmark of environmental administrative punishment is rarely discussed.On the basis of the general theory of administrative discretion benchmark,the baseline text of environmental administrative penalty discretion formulated by environmental protection departments in various places is compared and analyzed from the perspective of administrative law,environmental law,economics and other disciplines.The results show that: in the generation of the environmental administrative penalty discretion benchmark,the formulation of the subject is not clearly caused by geographical "scissors difference" and other issues,and the provincial environmental protection departments set the basic principles,guidelines and other common content,the municipal and county environmental protection departments as the main body of the formulation,the specific content is in line with the characteristics of environmental administration;Only by making it clear that public participation has the value of protecting citizens’ environmental rights,supplementing the deficiency of administrative rationalism and optimizing administrative costs can we change this phenomenon.Specifically,the main body of public participation is divided into production operators,environmental protection organizations and other social groups and other general public,and give different subjects different scope and content of participation,at the same time,with the help of the "prisoner’s dilemma" model to demonstrate that environmental protection departments must disclose in addition to state secrets and other non-public environmental information,in order to change the phenomenon of information asymmetry in the past.Finally,the substantive participation of the public is guaranteed through the main stages of draft proposal,expert argumentation,draft publication and feedback.In terms of the technical construction of the benchmark of environmental administrative punishment,the criterion factor is single,the effect grid model tends to be simple operation of the digital formula model,the environmental protection department must consider the balance of environmental interests and economic interests based on the actual needs of administrative law enforcement under environmental risk,choose a number of discretionary factors,and adopt the effect grid model in line with the requirements of practice.In the standardization and application of the environmental administrative penalty discretion benchmark,the environmental protection department neglects the important role of the basic principles of environmental law in guiding the specific application of the environmental administrative penalty discretion benchmark,environmental problems are special,the subject characteristics of environmental law and administrative law must be integrated,and the principle of prevention,the principle of burden of the cause and the principle of protection priority should be clarified in the practice of environmental administrative law enforcement of environmental administrative penalty discretion.This study further perfects the general theory of administrative discretion benchmark,and provides theoretical support and concrete suggestions for environmental administrative penalty benchmark.