On The Regulation Of Discretionary Power Of Environmental Administrative Punishment

Discretionary power is one of the important core contents of administrative law.The exercise of discretionary power can help fill legal loopholes,enable abstract legal provisions to be concretely used,and establish a bridge of communication between abstract legal provisions and the status quo of environmental law enforcement.my country’s environmental issues are more complex,and the existence and exercise of discretionary power for environmental administrative punishment is inevitable.Under different legal backgrounds,the performance of discretionary power is different,and the way and degree of regulation of discretionary power are also different.Good regulatory methods can help administrative agencies find a balance between rules and discretion,so that discretion can better serve administrative activities.The research on the environmental rule of law in our country started late and is still in the stage of exploration and development.Environmental law enforcement activities are also in the rising period of reform.In practice,there are many problems in the exercise of the discretionary power of environmental administrative penalties,and the abuse of discretionary power occurs from time to time.It damages the justice of the enforcement of environmental administrative penalties,violates the spirit of legislation,and also infringes on the rights and interests of the counterparty,and undermines the credibility of environmental law enforcement agencies.Therefore,to study the discretionary power of environmental administrative punishment,find a more comprehensive regulation path from the three levels of legislation,supervision,and discretionary benchmarks,to ensure that the exercise of the discretionary power of environmental administrative punishment tends to be more rational.In addition to the introduction,this article has four chapters.The first chapter explains the concepts of administrative discretion,administrative discretion benchmarks,and environmental administrative punishment discretion;The chapter two analyzes the problems in the exercise of environmental administrative punishment discretion,and analyzes the interference of non-related factors and the environmental administrative punishment Analyze the current status of the application of discretionary power to the discretionary power,and find that the exercise of discretionary power has problems of unreasonable discretionary elements,inconsistent discretionary standards,and failure to exercise power,and analyze the harm caused by the abuse of discretionary power;The chapter three analyzes the reasons for the problems in the exercise of environmental administrative penalty discretion from three aspects,including the lack of perfection of relevant legislation on environmental administrative penalty discretion,the lack of effective internal and external supervision of the exercise of environmental administrative penalty discretion,and the benchmark of environmental administrative penalty discretion.There are shortcomings,etc.;The chapter four proposes a path to regulate environmental administrative penalty discretion,from improving the relevant legislation on discretion in environmental punishment,strengthening the internal and external supervision of environmental administrative penalty discretion,and improving the benchmarks for environmental administration.The exercise of the discretionary power of punishment shall be regulated.