Study On Administrative Punishment Of Natural Person In "Double Penalty System" Of Environmental Law

"Double penalty system" in environmental law is the specific application of "double penalty system" in the field of environment.It refers to the system of punishing not only the unit itself but also the directly responsible personnel in the unit in the case of the unit environmental violation.Through deterrence theory,risk prevention theory and dual structure theory,the theoretical construction of natural person’s liability basis in the "double penalty system" of environmental law can well solve the two problems of why to punish the directly responsible personnel and how to punish the directly responsible personnel.From 1979,when the "double penalty system" was first established in environmental Law to the Yellow River Protection Law promulgated in 2022,the number of "double penalty system" in environmental law has been increasing year by year,the scope of application of "double penalty system" has been expanding,the scope of natural person’s liability subject has been gradually clarified,and the administrative penalty liability of natural person has become increasingly strict.This paper analyzes the legislation of "double penalty system" in environmental law from the scope of application,the disposition of natural person’s responsibility and the relation between them,and finds that the administrative punishment of natural person in"double penalty system" in environmental law has a certain degree of typification.At present,in the "double penalty system" of the natural person’s administrative punishment in our environmental legislation,there are some deficiencies,such as unclear scope of the natural person’s subject,vague establishment requirements,single setting of penalty responsibility,excessive restriction of employment penalty,and too broad administrative detention,and there are some difficulties in the practice of the "double penalty system" of environmental law,such as non-standard application procedures.Therefore,we should improve the administrative punishment of natural persons under the "double penalty system" under environmental law from the aspects of clarifying the scope of natural persons’ subject,clarifying the requirements of subjective and objective establishment,establishing the penalty liability based on the rate penalty,standardizing the employment liability through the principle of proportionality,using the division technology to refine the detention liability,and the law enforcement organ should respectively perform the legal procedures for units and natural persons respectively when applying the "double penalty system".