大气污染防治法律适用与执法主体适格性研究——基于长安汽车排放超标一案的分析

Research on the Application of Motor Vehicle Pollution Prevention Law and the Subject of Law Enforcement——Based on the Analysis of the Case of Chang'an Automobile Group Being Punished for Its Excessive Emission

北京市环境保护局于2016年1月处罚长安汽车排放超标一案发生于新修订的《大气污染防治法》开始实施的特殊时间节点。由于新法改变了行政执法权的配置格局,如何衔接好新旧环保法律实施的交替,避免下位法与上位法的冲突,成为环境保护行政主管部门贯彻依法行政原则和正当程序原则的关键。为解决环境保护行政执法中存在的新旧法律冲突与上下位法律冲突,应当从厘清实体与程序的概念范畴、通过修法加强下位法与上位法的协调以及借助立法后评估制度建立法规规章定期清理的长效机制三个方面入手。

The case that the Environmental Protection Bureau of Beijing punished Chang＇an Automobile Group for its excessive emission in January 2016 happened at a specific time when the newly-revised At- mospheric Pollution Prevention Law was just put into effect. Because the new law has changed the allo- cation pattern of administrative law enforcement power, how to deal with the transition from the old en- vironmental law to the new one and avoid the conflict between higher norms and lower ones is the key for the administrative competent department of environmental protection to implement the principles of the law-based administration and the due process. To solve the conflict between the new laws and the old and inconformity between the higher norms and lower ones in the environmental law-enforcement, it is necessary to clarify the concept category of substantive and procedure, revise laws to strengthen the co- ordination between higher norms and the lower ones and establish a long-term system to clear law and le- gal regulations regularly with the aid of the post legislation evaluation system.