论环境行政处罚自由裁量权的信息化建设

Discussion on the Informatization Construction of Discretionary Power of Environmental Administrative Penalty

环境行政执法权力过于宽泛,就可能会被过度行使,尤其体现在环境自由裁量权的扩张方面,若不加以限制、完善,将会导致权力滥用,损害行政相对人的合法权益。如何科学有效的把握环境行政处罚自由裁量的"度",是当前依法行政面临的现实困境,在新形势下,寻求破解环境行政执法权力过于宽泛,也是破题关键。在新形势下,环境保护信息化建设是很好的切入点。

If the power of environmental administrative law enforcement was too broad,it may be over-exercised,especially in the aspect of the expansion of environmental discretionary power.If it was not restricted and improved,it will lead to the abuse of power and damage the legitimate rights and interests of administrative counterparts.How to grasp the discretion of environmental administrative penalty scientifically and effectively was the realistic dilemma.In the new situation,seeking to crack to solve the problem that environmental administrative law enforcement power was too broad was the key and the construction of environmental protection information was a good starting point.