环境行政处罚研究
发布时间：2018-10-16 20:39
【摘要】： 环境行政处罚是指国家环境保护行政机关、法定授权组织及其环境保护行政主管部门委托的机构,依照法定权限和程序对违反环境保护行政法律规范,尚未构成犯罪或者虽构成犯罪但仍需追究行政责任的自然人、法人或其他组织给予行政制裁的具体行政行为。环境行政处罚的设立就要是通过惩罚环境行政违法行为,从而达到预防环境违法行为的发生,保护人类共同生存环境的目的。 我国有关环境行政处罚的立法主要体现在《环境保护法》和《行政处罚法》两部法律以及《环境保护行政处罚办法》一部部门规章中。目前,在我国已经确立了声誉罚、财产罚和行为罚三大处罚种类的环境行政处罚体系。每种处罚形式都有其一定的适用情形,应该说已经建立了相对完善的处罚体系,但是由于环境行政处罚制度在我国建立较晚,因此无论在立法、执法还是监督方面都存在许多问题: (1)立法方面的问题主要体现为对享有处罚权的主体界定不清,处罚的形式不完善以及环保部门缺乏必要的执法权等问题。 (2)执法方面的问题主要表现为地方保护主义严重阻碍执法,执法力量薄弱以及执法主体滥用自由裁量权等。 (3)监督方面的问题则表现为内部监督不完善,外部监督缺乏。 本文从上述几方面详细剖析了环境行政处罚存在的问题及根源,并且在结合我国国情同时借鉴西方国家的成功经验的基础上提出了完善我国行政处罚的一些建议,希望对于进一步完善我国环境行政处罚机制有所帮助,使环境行政处罚在环境保护方面发挥更大的作用。
[Abstract]:Environmental administrative punishment means that the state environmental protection administrative organ, the statutory authorized organization and the agency entrusted by the environmental protection administrative department violate the legal norms of the environmental protection administration in accordance with the legal authority and procedures, A specific administrative act imposed by a natural person, legal person or other organization that has not constituted a crime or has yet to be investigated for administrative liability. The establishment of environmental administrative punishment is to punish environmental administrative illegal behavior, so as to prevent the occurrence of environmental illegal behavior and to protect the common living environment of human beings. The legislation on environmental administrative punishment in our country is mainly embodied in the two laws of "Environmental Protection Law" and "Administrative punishment Law" and "measures of Administrative punishment for Environmental Protection". At present, the environmental administrative punishment system of reputation penalty, property penalty and behavior penalty has been established in our country. Each form of punishment has its own applicable situation, it should be said that a relatively perfect punishment system has been established, but because the environmental administrative punishment system was established in China later, so whether in legislation, There are many problems in law enforcement or supervision: (1) the legislative problems are mainly reflected in the unclear definition of the subject who enjoys the right of punishment. The forms of punishment are imperfect and the environmental protection departments lack the necessary enforcement powers. (2) the main problems in law enforcement are that local protectionism seriously impedes law enforcement. The weakness of law enforcement and the abuse of discretion by the subject of law enforcement. (3) the problems of supervision are not perfect in internal supervision and lack in external supervision. This paper analyzes in detail the problems and root causes of environmental administrative punishment from the above several aspects, and puts forward some suggestions to perfect our country's administrative punishment on the basis of combining the national conditions of our country and drawing on the successful experience of western countries. It is hoped that it will be helpful to further improve the mechanism of environmental administrative punishment in our country and make the environmental administrative punishment play a greater role in environmental protection.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D922.11
本文编号：2275572
[Abstract]:Environmental administrative punishment means that the state environmental protection administrative organ, the statutory authorized organization and the agency entrusted by the environmental protection administrative department violate the legal norms of the environmental protection administration in accordance with the legal authority and procedures, A specific administrative act imposed by a natural person, legal person or other organization that has not constituted a crime or has yet to be investigated for administrative liability. The establishment of environmental administrative punishment is to punish environmental administrative illegal behavior, so as to prevent the occurrence of environmental illegal behavior and to protect the common living environment of human beings. The legislation on environmental administrative punishment in our country is mainly embodied in the two laws of "Environmental Protection Law" and "Administrative punishment Law" and "measures of Administrative punishment for Environmental Protection". At present, the environmental administrative punishment system of reputation penalty, property penalty and behavior penalty has been established in our country. Each form of punishment has its own applicable situation, it should be said that a relatively perfect punishment system has been established, but because the environmental administrative punishment system was established in China later, so whether in legislation, There are many problems in law enforcement or supervision: (1) the legislative problems are mainly reflected in the unclear definition of the subject who enjoys the right of punishment. The forms of punishment are imperfect and the environmental protection departments lack the necessary enforcement powers. (2) the main problems in law enforcement are that local protectionism seriously impedes law enforcement. The weakness of law enforcement and the abuse of discretion by the subject of law enforcement. (3) the problems of supervision are not perfect in internal supervision and lack in external supervision. This paper analyzes in detail the problems and root causes of environmental administrative punishment from the above several aspects, and puts forward some suggestions to perfect our country's administrative punishment on the basis of combining the national conditions of our country and drawing on the successful experience of western countries. It is hoped that it will be helpful to further improve the mechanism of environmental administrative punishment in our country and make the environmental administrative punishment play a greater role in environmental protection.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D922.11
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，本文编号：2275572
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