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China

The newly revised Administrative Penalty Measures for Ecological Environment shall come into effect on July 1st

2023-05-17   

On the 16th, the reporter learned from the Ministry of Ecology and Environment that the Ministry of Ecology and Environment has recently issued a newly revised "Administrative Penalty Measures for Ecological Environment", which will be implemented from July 1, 2023. The relevant person in charge of the Ecological Environment Law Enforcement Bureau of the Ministry of Ecology and Environment introduced that the revised punishment measures strictly comply with the general norms in the field of administrative penalties, while closely linking with the actual situation of ecological environment law enforcement, highlighting the characteristics of law enforcement in the field of ecological environment, enhancing the standardization and operability of law enforcement, strictly constraining administrative law enforcement behavior, protecting the legitimate rights and interests of the parties involved, and ensuring that law enforcement has both strength and temperature. The person in charge introduced that the name of the document has been changed from the original "Environmental Administrative Penalty Measures" to the "Ecological Environmental Administrative Penalty Measures". The scope of application has been added to the field of nuclear and radiation, and the following modifications have been made to the specific content: firstly, to modify and improve the types of penalties. Added a notice of criticism, including confiscation of illegal gains, confiscation of illegal property, prohibition of applying for administrative permission within a certain period of time, and ordering demolition within a specified period of time. The second is to modify and improve the relevant regulations on investigation and evidence collection. Refine the application requirements for automatic monitoring data and highlight the important role of labeling rules. Added provisions for the suspension and termination of investigations, distinguishing them from the termination of investigations. The third is to improve the relevant provisions on the discretion of administrative penalties. The situation of no punishment has been improved, and the situation of lighter or mitigated punishment has been added. The fourth is to standardize and refine the procedures for administrative penalties. Add the conditions and procedural requirements for organizing hearings, clarify the scope, content, and opinions of the legal review of major law enforcement decisions, and refine the scope of collective discussions on major cases. The fifth is to supplement and increase the disclosure of administrative penalty information. Add a separate section on "Information Disclosure" in Chapter 3 "Ordinary Procedures" to provide detailed regulations on the subject of disclosure, the content of disclosure, the circumstances of non disclosure, privacy protection, the duration of disclosure, and withdrawal of disclosure. Sixth, modify the relevant time limit and penalty amount. Adjustments have been made to the time limit for filing a case, the time limit for making a penalty decision, the amount of penalty applicable to summary procedures, and the time limit and amount of larger fines. The person in charge stated that in the next step, the Ministry of Ecology and Environment will comprehensively promote the implementation of punishment measures, further improve supporting systems, enhance ecological environment administrative law enforcement capabilities, and improve standardized law enforcement levels. At the same time, strengthen the educational function of administrative penalties, adhere to strict law enforcement and service guidance, and create a good atmosphere to promote conscious compliance with the law. (New News Agency)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:Xinhua

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