摘要
2014年通过并颁布的新《环境保护法》被誉为"史上最严厉环保法"。其"最严厉"的特色从法理上看应当重点从其构建的环境法律责任制度层面去考察。该法第60条规定了行政相对人承担的环境行政处罚的几种形式,但这些具体形式在《环境行政处罚办法》等既有的制度体系中被二分为环境行政处罚与环境行政命令,这在当前环境法律制度体系中有四种关系类型,存在着立法内涵界限模糊与适用混淆之处。我们应当在厘清环境行政处罚与环境行政命令的内涵并确定其区分标准的基础上,确立二者之间的衔接模式为环境行政命令作为适用环境行政处罚的前置程序,综合发挥二者在当前环境保护中的不同价值与功效。
The Environment Protection Law, passed and issued in 2014, is called ＂the most severe environmental laws in the history＂ ,whose feature should focus on the establishment of environmental legal liability system from the perspective of jurisprudence. Art. 60 of the Law stipulates the some measures of environmental administrative punishment for the administrative relative person to undertake, however these specific forms in Ordinance Concerning the Measures for the Environmental Administrative Punishment and some other existing systems are divided into environmental administrative penalty and environmental administrative order, which are classified into four types of relationships in the current environmental legal system, and further there are many confusing connotations and areas among them. Therefore, what we shall do is to clarify the connotations of environmental administrative penalty and environmental administrative commands and determine their differential standards, on the basis of which the linking mode between them is to be established as follows, i. e. , taking environmental administrative orders as the prior procedures of the application of environmental administrative penalty, and thus exert their different values and effects comprehen- sively in the present environmental protection.
出处
《法学论坛》
CSSCI
北大核心
2015年第6期62-70,共9页
Legal Forum
关键词
环境行政处罚
环境行政命令
混淆
衔接
environmental administrative punishment
environmental administrative order
confusion
connection
