论环境罚款数额的确定

On Determination of Amount of Environmental Fines

环境罚款的功能在于威慑潜在的环境违法者,该功能的发挥要求罚款数额大于环境违法收益。在新的制度背景下,应尽快完善环境罚款裁量基准,并对按日连续处罚制度的适用作进一步的解释,以合理确定罚款数额。鉴于环境罚款立法的内在缺陷,按日连续处罚制度的确立只能缓和却无法彻底改变违法成本低的尴尬局面,仍需从立法层面对环境罚款的组成、罚款数额的设定方式作进一步完善。

The function of the environmental fines is to deter the potential violations of environmental regulations, so the amount of fines to the violators should outweigh the illegal profits. In order to determine a reasonable amount of fines, it＇ s necessary to improve the penalty discretion benchmark of environmental fines and make further explana- tion on the application of the rule of successive punishment by the day as soon as possible. Due to the internal de- fects of environmental fines legislation, the rule of successive punishment by the day can only ease but not com- pletely change the embarrassing situation of low illegal cost, it is still need to further improve the law from aspects of the composition of environmental fines , the way of setting amount of fines.