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The Daily Penalty System Relating to China’s Environmental Protection Law in 2017: Implementation Assessment and Improvement Options (Special Issue, No.16, 2018)


By Chang Jiwen, Research Institute of Resources and Environment Policies, DRC & Zhang Shijun, Law School of Shandong University

Research Report, Special Issue, No.16, 2018 (Total 1583) 2018-7-20

Abstract: The system of daily penalty was established in the revised version of the Environmental Protection Law enacted in 2014. Since its establishment, it has been used as a reference in the formulation of comprehensive environmental protection regulations, specific regulations and policy documents in various regions. In terms of its implementation, the number of violating cases and the amount of money fined relating to the daily penalty system has increased significantly, which has initially solved the problem of low costs in case of violating environmental protection law. However, there are still some problems to be addressed. The current system of daily penalty is not effectively connected with the Law of Administrative Penalty and the Administrative Enforcement Law. The stipulation in Article 59 of the Environmental Protection Law is not specific and detailed enough, which requires further clarification of law enforcement procedures, illegal proof, and the amount of penalty. The institutionalization of daily penalty still needs to intensify theoretical support and get connected with other environmental protection laws to enhance its feasibility.

Key words: daily penalty, successive punishment, administrative punishment