A Study On The Principle Of Proportionality In Environmental Administrative Penalty In China

Environmental administrative punishment is a special kind of administrative punishment,which has the characteristics of the broad scope of the subject of punishment,the diversification of the objects affected by the punishment,the technical dependence of the punishment process,and the diversification of interests involved in the punishment results.Therefore,compared with general administrative penalties,it has more possibilities for regulation.Among the many issues involved in environmental administrative penalties,the formulation and implementation of discretionary benchmarks are typical.The core of the principle of proportionality is to coordinate the relationship between public interest and private interest,and it contains the consideration of interest measurement methods.Therefore,this principle helps to promote the construction,application and improvement of the environmental discretion benchmark system with interest measurement as the essence in environmental administrative punishment.The article focuses on the current application of my country’s environmental discretionary benchmark system,digs deep into the idea of measuring interests contained in the principle of proportionality,analyzes the theoretical value of the application of the principle of proportionality in solving the current environmental administrative penalty in our country,and concludes that the principle of proportionality is used in environmental administrative penalties,applicable recommendations.The thesis consists of five parts.The first part is the introduction;The second part is an overview of the principle of proportionality of administrative punishment.which mainly introduces the theoretical basis,connotation,functional limitations and comparison with the principle of administrative discretion;The third part is the problems and particularity of environmental administrative punishment,focusing on the problems of environmental administrative punishment in three aspects:qualitative and quantitative punishment,implementation and supervision,results and relief;On the basis of the previous content,the fourth part takes the four sub principles of the principle of proportionality as the main line,corresponding to the problems of environmental administrative punishment in the three stages of legislation,law enforcement and judicial review,and discusses the applicable value of this principle in environmental administrative punishment:The fifth part is based on the above research,starting from the three key paths of the application of the principle of proportionality in environmental administrative punishment,and again taking the three stages of environmental administrative punishment as the research order,summarizes the application conception of the principle of proportionality in China’s environmental administrative punishment.The thesis adopts literature research method,law sociology research method,empirical analysis method and interest analysis method.Based on the problems faced by my country’s current environmental administrative penalties,the author analyzes the applicable value and application suggestions of the proportionality principle in environmental administrative penalties,and deeply analyzes the interest measurement idea contained in the proportionality principle.Combined with the essence of environmental discretionary benchmarks,the current environmental problems The key to its governance lies in the balance and coordination of multiple interests.Therefore,the application of the principle of proportionality based on the measurement of interests in environmental administrative penalties will help to promote the balance and coordination of multiple interests in environmental administrative penalties,and truly promote the process of co-construction,co-governance and sharing of my country’s ecological environment.