Research about the Regulation of Environmental Administrative Penalty Discretion

Abstract

With the rapid development of China’s social economy, environmental problems have become increasingly prominent. The construction of ecological civilization has become the focus of China’s socialist modernization construction. In the face of increasing environmental risks, it is difficult to regulate the exercise of environmental administrative penalty discretion and increase the difficulty of implementing environmental administrative penalty decisions due to the limitations of legislative regulation, negative judicial regulation and weak administrative regulation. Based on the basic theory of discretion in environmental administrative punishment, this paper analyzes the function of discretion in environmental administrative punishment, clarifies the necessity and principle of discretion in environmental administrative punishment, and puts forward the regulation path.