新《环境保护法》按日连续处罚实施若干问题浅析

Discussion on the Implementation of the Continuing Daily Penalty Established in the New Environmental Protection Law

我国新《环境保护法》确立了先教后诛式的按日连续处罚制度。按日连续处罚实施的程序包括企业违法排污事实认定、计罚周期与计罚数额的确定以及查封扣押等并用措施的运用。其中,通过现场检查和在线监测获取的企业违法事实是启动按日连续处罚程序的前提性证据;连续计算的计罚周期将企业的违法成本推向最大化,消除了环境法领域"违法成本低于守法成本"的非正常现象。查封扣押等强制性并用措施的适用目的是保证按日连续处罚的执行力、威慑力最大化,解决了"环境处罚执行难"的问题。

The newly revised Environmental Protection Law defined the system of continuing daily penalty, which gives the corporate a prior warning before the final punishment. The procedure of the system includes the identification of the company＇s illegal emission, the confirmation of the period and the amount of the continuing daily penalty, and the application of direct compulsory execution measures such as sequestration or other measures. The illegal facts of the companies obtained through on -site inspection or online monitoring, are the prerequisite evidence to start the process of the continuing daily penalty. The period of the continuing daily penalty calculates continuously, which maximizes the company＇s illegal cost, eliminates the abnormal phenomenon in the environmental area that ＂illegal cost is lower than law - abiding cost＂ The goal of the application of compulsory executions measures such as sequestration is to maximize the implementation force and deterrent force of the continuing daily penalty which solved the problem of the difficulty of the execution of the environmental punishment.