中国省级湿地保护法规中行政相对人的法律责任研究

Legal Responsibilities of Administrative Counterparts in Provincial Wetland Conservation Regulations in China

对中国的27部省级湿地保护法规中设定的行政相对人的法律责任进行了清单式梳理,发现其呈现违法类型形式多样和承担方式以罚款为主的特征;在27部省级湿地保护法规有关行政相对人的法律责任的规定中,存在违法行为分布不均衡、部分违法内涵不清晰、罚款数额地区差异大、法律规范竞合现象多等突出问题;对国家湿地保护立法选择、规定法律责任条款等方面提出了科学设定违法行为、规范界定违法边界、统筹确定罚款数额和合理设置引致条款的建议。

The legal responsibilities of administrative counterparts stipulated in China’s 27 provincial wetland conservation regulations were reviewed with a checklist approach. The legal documents were found to be characterized by various types of specified violations and by a penalty system as the main form of bearing liability. On the legal responsibilities of administrative counterparts in the 27 provincial regulations, the prominent problems included uneven distribution of illegal acts in different areas, inexplicit description of the connotations in some violations, big regional differences in the amount of penalty, and many phenomena of concurrent liabilities in regulations. Therefore suggestions for scientifically prescribing unlawful acts,normatively defining illegal boundaries, consistently determining the amount of penalties, and reasonably formulating incurring clauses were raised toward the selection and regulation of national wetland conservation legislation with their liability clauses.