The new "Administrative Penalty Measures for Ecological Environment" will come into effect on July 1st

2023-06-30

The newly revised "Administrative Penalty Measures for Ecological Environment" will be implemented from July 1, 2023. Zhao Qunying, Director of the Ecological Environment Law Enforcement Bureau of the Ministry of Ecology and Environment, introduced at today's press conference that the newly revised "Administrative Penalty Measures for Ecological Environment" (hereinafter referred to as the "Penalty Measures") has absorbed the spiritual essence and core requirements of the new Administrative Penalty Law, and has put forward higher requirements for strict, standardized, fair, and civilized law enforcement in the field of ecological environment. At the same time, it further highlights the characteristics of law enforcement in the field of ecological environment, Enhanced the standardization of law enforcement work. Ecological environmental administrative punishment is an important content of ecological environmental administrative law enforcement, and an important means for ecological environmental departments to effectively implement administrative management and ensure the implementation of laws and regulations. According to Zhao Qunying, the "Punishment Measures" present four characteristics: firstly, ecological environment law enforcement emphasizes more "legality". The "Punishment Measures" have put forward clear requirements for on-site sampling, and investigation and evidence collection are more standardized; Make detailed regulations on case investigation, hearing, legal review, collective discussion, etc., and improve the punishment procedures; A special section on "Information Disclosure" has been added to make the punishment information more transparent. Secondly, ecological environment law enforcement emphasizes more on "strength". The Punishment Measures have increased the types of administrative penalties, strengthened the application of automatic monitoring data in administrative penalties, refined the connection between administrative penalties and criminal penalties, and increased the crackdown on major and malicious illegal acts. Thirdly, ecological environment law enforcement emphasizes more on "temperature". The "Punishment Measures" have added the situation of minor non punishment, emphasizing reasoning based law enforcement, requiring that the parties' statements, defenses, and hearings be included in the case file, and that the adoption and reasons be included in the punishment decision, fully protecting the rights and interests of the parties. Fourthly, ecological environment law enforcement emphasizes more on "scale". The "Punishment Measures" specify that if the parties involved have sufficient evidence to prove that there is no subjective fault, they shall not be punished. This of course refers to minor illegal acts, and the relevant provisions on the discretion of ecological and environmental administrative penalties are refined. It is required to specify the applicable discretion basis and reasons in the punishment decision letter to ensure that the administrative punishment is "equivalent to excessive punishment". (New News Agency)

Edit:Wang Chen    Responsible editor:Jia Jia

Source:legaldaily.com

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