Research On The Confirmation Of The Subject Of Environmental Administrative Penalty Responsibilit

Since the 20 th century,the conflict between economic development and environmental protection has brought serious environmental problems.Environmental administrative punishment has become the most effective and widespread methods to resolve problems of environmental because of the nature of national punishment and the combination of administrative punishment for mistakes and environmental concept.However,the complexity of illegal acts in practice and the flexibility of business forms lead to new difficulties in the confirmation of the responsibility subject of environmental administrative punishment.For solve the dilemma effectively of environmental administrative law enforcement,the aim of this paper is process in-depth research on the confirmation of the responsibility subject of environmental administrative punishment.The first part is the overview of the responsibility subject of environmental administrative penalty.The responsibility subject of environmental administrative penalty refers to the one party who accepts the penalty.The responsibility subject for environmental administrative punishment is a special category of administrative counterpart in environmental administrative punishment.Besides the traditional relationship between management and being managed,there are also corresponding rights and obligations with the administrative subject.Administrative counterpart in China’s "Administrative Punishment Law" are: citizens,legal persons,other organizations,this article combined with the environmental protection system and environmental administrative legal norms to make the specific classification of environmental administrative punishment responsibility subject.The second part is the principle of confirming the responsibility subject of environmental administrative penalty.We should first follow the objective imputation principle based on whether there is any behavior deserving environmental administrative punishment.Secondly,follow the principle of liability for damage,which is an important basis for the confirmation of the responsibility subject of environmental administrative punishment.Finally,from the perspective of facilitating the execution of the case,it is proposed that the confirmation of the responsibility subject of environmental administrative penalty should examine whether it has the qualification of subject in advance.The third part analyzes the two conflicts,one is between two legal relationship,civil and environmental administrative legal relationship.In order to comply with the principle of autonomy of will,environmental protection obligations stipulated in the contract may be performed in accordance with the agreement.But contract has relativity,the validity of agreement can not penetrate into the field of public legal liability.Another aspect of conflict is the conflict between the subject of legal responsibility and the actual lawbreaker.When the legal subject of liability is inconsistent with the actual lawbreaker,the legal subject of liability shall be preferred as the punished person,but it cannot be generalized,and special problems shall be analyzed in combination with specific cases.The fourth part analyzes the subject qualification and specific listing of individual business in environmental administrative penalty.Individual business belong to business natural,but they also apply the environmental impact assessment system and meet the main qualification of construction units,and the specific list in environmental administrative punishment can refer to the provisions of the Procedure law.The fifth part analyzes the dilemma of confirming the responsibility subject of environmental administrative punishment from the angle of environmental illegal acts.First,separate punishment the joint illegal acts.The confirmation of the responsible subject of environmental administrative penalty in the leasing relationship,entrusting relationship and contracting relationship should be analyzed in combination with the civil legal relationship,the environmental protection system and the requirements of pollution prevention.