Correctly Grasp The Letter Of Environmental Protection Law And Punish The Law On A Daily Basis

Newly revised

The penalty was introduced on a daily basis.

The author believes that in the implementation of the daily penalty system, we should grasp the applicable situation and understand the legal connotation accurately.

First, we must grasp the illegal situation and not abuse it.

The new law authorizes local laws and regulations to increase the types of violations committed by successive penalties according to the actual needs of environmental protection.

The author believes that the illegal emission of pollutants should include the illegal activities of directly discharging pollutants, such as exceeding the standard, exceeding the total amount of pollutant discharge, not building sewage before approval, failing to obtain pollutant discharge permits, discharging sewage through hidden pipes and seepage wells, etc., and also including illegal activities of discharging pollutants, such as violation of pollutant discharge permit, environmental impact assessment, trial production, and "three simultaneous" system.

"Be ordered

There are many circumstances to be considered in refusing to correct.

There is no definite time stipulation in the new law for the time limit change, and the time limit shall be decided by the administrative law enforcement organ according to the specific circumstances.

For example, the seventy-fourth regulation of water pollution prevention and control stipulates that the duration of time limit governance shall not exceed one year.

The author thinks that "refuse to correct" behavior should be that the offending person has not ceased and corrected the illegal act within the specified time limit, has not resumed the original status, has destroyed the legal order or the state, and the illegal behavior continues.

Another case is that the violation has been corrected. For example, less pollutants emitted from the initial inspection and less damage to the environment have been corrected. I think this is obviously not.

The standards for inspection should be fully consistent with the laws and regulations of environmental protection, and there is no illegal emission of pollutants.

Two, we must understand the connotation of law.

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The fundamental purpose of "daily penalty" is not to fines, but to urge lawbreakers to correct violations and shorten the number of days fined.

The author believes that environmental law enforcement agencies can be implemented within 15 days of daily penalty inspection is more appropriate.

One case is that once the daily penalty is finalized, it will be re examined and found that the illegal sewage discharge is again "rising". Then, from the date of last inspection to the date of the inspection, a new independent and complete accumulative punishment time period will be formed.

Therefore, assuming that the illegal sewage disposal behavior has been sustained, the behavior will continue to be punished by the day by day, and the fine will be increased, that is, "no ceiling".