我国《环境行政处罚听证程序规定》研究

发布时间：2018-03-03 14:27

本文选题：环境行政处罚听证程序规定　切入点：环境行政处罚　出处：《湖南师范大学》2014年硕士论文　论文类型：学位论文

【摘要】：改革开放以来,我国科技得以迅速发展,人民生活水平也得到提高,但环境污染与生态破坏问题也在加剧。我国颁布的《环境保护法》等法律法规对防治环境污染和改善生态环境起了很大的作用。伴随着社会文明的进步和全民环保意识的提高,我国《行政处罚法》首次在法律上引进了听证的概念,开创了听证程序在我国的先河,此后环保部颁布的《环境行政处罚办法》是《行政处罚法》在环保领域的细化,规范了环保部门的行政处罚程序、推动了环境执法工作。但《行政处罚法》和《环境行政处罚办法》中关于听证的规定过于粗糙,缺乏详细的配套性规定,存在较大的缺陷。随着环境执法力度的加大以及公众法律意识的提升,适用听证程序的案件也在逐年增长,环保部于2010年专门制定并发布了《环境行政处罚听证程序规定》来细化听证规定,强化可操作性。环保部颁布的《环境行政处罚听证程序规定》进一步细化了环境行政处罚听证程序,对环境行政听证程序中听证的原则、范围、适用条件以及听证的提出、举行等内容作出了详细规定；并突出保障当事人的合法权益,对听证程序的适用范围进行细化,明确了听证主持人的内容,使听证程序的可操作性更强。虽然《环境行政处罚听证程序规定》的颁布凸显了自身的优势和进步,但还存在诸如听证主持人的规定不完善、听证笔录相关内容的规定简单、听证程序物质保障制度不足以及未强调非政府环保组织参与听证等问题,毕竟环境行政处罚听证程序研究是一个比较新兴的课题,针对这些问题,我们要对听证主持人的规定进行完善,并针对听证笔录的问题提出相应的对策,通过设立专项资金支撑环境行政处罚听证的物质保障,提升非政府环保组织参与听证的作用。随着国家对环保事业的重视,特别是党的十八大及十八届三中全会以来,国家把生态文明建设放在突出地位,并融入经济建设、政治建设、文化建设、社会建设各方面和全过程,生态文明建设已经进入国家经济社会发展的全局,环境行政处罚听证作为环境保护事业的重要内容和公共事务的重要部分,在全国范围内也得到了提升。
[Abstract]:Since the reform and opening up, science and technology in China have developed rapidly, and the living standards of the people have also been improved. However, the problems of environmental pollution and ecological destruction are also aggravated. The laws and regulations promulgated by our country, such as the Environmental Protection Law, have played a great role in the prevention and control of environmental pollution and the improvement of the ecological environment. With the progress of social civilization and the improvement of the people's awareness of environmental protection, The concept of hearing has been introduced into the law for the first time, and the hearing procedure has been pioneered in China. Since then, the Environmental Administrative punishment measures promulgated by the Ministry of Environmental Protection is a refinement of the Administrative punishment Law in the field of environmental protection. The administrative punishment procedures of environmental protection departments have been standardized and the work of environmental law enforcement has been promoted. However, the provisions on hearing in the Administrative punishment Law and the measures for Environmental Administrative punishment are too rough and lack detailed supporting provisions. With the increase of environmental law enforcement and the promotion of public legal awareness, the number of cases applying the hearing procedure is also increasing year by year. In 2010, the Ministry of Environmental Protection formulated and issued the regulations of hearing procedure for Environmental Administrative punishment to refine the hearing regulations and strengthen the operability. The "regulations on hearing procedures for Environmental Administrative punishment" promulgated by the Ministry of Environmental Protection further refine the hearing procedures for environmental administrative penalties, as well as the principles, scope, applicable conditions and proposals for the hearings in the environmental administrative hearing procedures. The contents of the hearing are specified in detail, and the legitimate rights and interests of the parties are prominently safeguarded, the scope of application of the hearing procedure is refined, and the content of the hearing moderator is clarified. This makes the hearing procedure more operable. Although the promulgation of the "rules on hearing procedure for Environmental Administrative punishment" highlights its own advantages and progress, there are still some problems, such as the imperfections of the provisions of the presiding officer of the hearing, and the simple provisions of the relevant contents of the record of the hearing. The material security system of the hearing procedure is insufficient and the problems of non-government environmental protection organizations participating in the hearing are not emphasized. After all, the research on the hearing procedure of environmental administrative punishment is a relatively new topic. In view of these problems, We should perfect the provisions of the presiding officer of the hearing, and put forward corresponding countermeasures in view of the problems in the record of the hearing, and support the material protection of the hearing of environmental administrative punishment through the establishment of special funds. Enhance the role of non-governmental environmental protection organizations in the hearing. As the state attaches importance to the cause of environmental protection, especially since the 18 Party Congress and the third Plenary session of the 18 CPC Central Committee, the state has put the construction of ecological civilization in a prominent position and integrated it into economic construction. Political construction, cultural construction, social construction, all aspects and the whole process, the construction of ecological civilization has entered the overall situation of national economic and social development. The hearing of environmental administrative punishment is an important part of environmental protection and public affairs. It has also been promoted across the country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1;D922.68

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