按日连续处罚制度运行实效研究

On the Operational Effectiveness of the System of Continuous Penalty on a Daily Basis

《环境保护法》规定的按日连续处罚制度实施至今已逾六年,对该制度研究的重点应从立法设计转向运行状况,从实效层面对按日连续处罚制度进行理论和实践探讨显得尤为必要。而运行实效的研究离不开对按日连续处罚制度运行中立法、执法和司法因素的综合系统考察,以实践考察为基础研讨按日连续处罚制度存在的立法、执法和司法问题,并提出按日连续处罚制度运行实效的提升应当加强配套制度衔接、重视执法程序规范、完善司法审查机制等建议。

It has been more than six years since the implementation of the system of continuous penalty on a daily basis,which is stipulated in the Environmental Protection Law,and the focus of research on the system should shift from the legislative design of the system to the operation of the system.Therefore,it is particularly necessary to explore the theory and practice of the system at the level of legal effectiveness.The effectiveness of the law cannot be achieved without a comprehensive and systematic examination of the legislative,enforcement and judicial factors in the operation of the system.This paper examines in detail the legislative,enforcement and judicial problems of the system,and then proposes that the legal effectiveness of the system should be achieved by strengthening the convergence of supporting systems,paying attention to the regulation of procedures and improving the judicial review mechanism.