| Four ministries and commissions,including the former Ministry of Environmental Protection,jointly printed and distributed the "Measures for Enterprise Environmental Credit Assessment(Trial)" in 2013.Enterprise environmental credit assessment system(this paper adopts the concept of the report of the 19 th National Congress and the recent national documents,namely "environmental credit assessment")began to be popularized and implemented throughout the country.The environmental protection credit evaluation system aims to establish a new classification and supervision mechanism of joint incentive for trustworthiness and joint punishment for trust-breaking,among which the punishment for trust-breaking is one of the important contents to guarantee the implementation of the enterprise environmental credit assessment system.The etymology of the term "punishment for trust-breaking" can be traced back to Some Opinions on the Construction of Social Credit System,which was subsequently widely used in the field of social credit construction.The Guidance on Building a modern environmental Governance System and the Implementation Outline of Building a Society under the Rule of Law(2020-2025)are all related expressions of "punishment for breaking trust".At present,the number of disciplinary measures for trust-breaking implemented by administrative departments such as Ministry of Ecology and Environment is the largest,and many of them have problems of legality,rationality,relevance,due process and so on.The phenomenon of "no use after evaluation" and "little use after evaluation" is common,which objectively directly affects the implementation of disciplinary measures.Credit System for Environmental Governance is one of the seven key systems established in the Guiding Opinions on Building a Modern Environmental Governance System.The report of the 20 th National Congress of the Communist Party of China stressed the need to further improve the modern environmental governance system.In November2022,the National Development and Reform Commission and other institutions drafted the Law of the People’s Republic of China on the Construction of a Social Credit System to solicit public comments.Article 46 of the draft requires strengthening the environmental protection credit system and promoting the implementation of incentives to keep faith and punishments for breaking faith.In this context,it is of great theoretical and practical significance to systematically explore "Study on the Legal Regulation of the Administrative Punishment for Enterprise Environmental Dishonesty".Apart from the introduction and conclusion,this paper is divided into the following four parts:The first part introduces the connotation,operation mechanism and system function of the administrative punishment for enterprise environmental protection trust-breaking.The environmental protection credit of enterprises is the direct reflection of the environmental behavior of the participants in a certain period of time,according to which the administrative organs carry out graded and classified supervision.Environmental trust-breaking means that the subject is given a negative evaluation because of poor performance in environmental protection.Administrative organs can take administrative punishment measures for trust-breaking according to law to restrain and limit the enterprises,and guide the enterprises to achieve self-regulation.The second part systematically examines the normative status quo of administrative punishment measures for enterprise environmental dishonesty.Systematically sorted out legal texts related to administrative punishment for enterprise environmental trust-breaking issued by the central government,ministries and local governments,covering central policy documents,departmental rules and normative documents in form,so as to provide samples for the study of legal regulations on administrative punishment for enterprise environmental trust-breaking.Summarize the current problems existing in the administrative disciplinary measures for enterprise environmental protection dishonesty--facing the interrogation of "legality","rationality","relevance" and "due process".The third part summarizes the extraterritorial experience of the administrative punishment measures for enterprise environmental protection dishonesty.This paper compares and analyzes three countries with more mature social credit management systems,such as America,Germany and Japan.The legal basis for punishment for trust-breaking,the sound procedure system for administrative punishment for trust-breaking and the relief system for the rights and interests of punishment for trust-breaking will be an important reference for the perfection of administrative punishment for trust-breaking in environmental protection.The fourth part puts forward the sound way of administrative punishment measures for enterprise environmental protection dishonesty.The basic idea is to uphold the principles of legality,rationality,relevance and due process of the administrative law,under the guidance of the above basic principles,divided into internal and external two ways to improve the enterprise environmental protection trust-breaking administrative punishment measures.The internal sound path refers to the further improvement of the disciplinary measures implemented by the functional institutions within the ecological environment department on the subject of environmental protection dishonesty,including the ecological environment administrative licensing department,ecological environment law enforcement supervision department and so on.The external sound path refers to the improvement of disciplinary measures implemented by other administrative organs other than ecological and environmental departments on environmental trust-breaking subjects,mainly including government procurement departments,state-owned land transfer departments,environmental protection commendation and reward departments,price administrative departments,securities supervision and administration departments,etc. |
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