Newly revised "Administrative Penalty Measures for Ecological Environment" issued

2023-05-22

The Ministry of Ecology and Environment has recently issued a newly revised "Administrative Penalty Measures for Ecological Environment", which makes adjustments in the types, time limits, authorities, procedures, and enforcement methods of punishment, ensuring that the ecological environment law enforcement team strictly regulates and carries out law enforcement activities in accordance with the law. The Punishment Measures shall come into effect from July 1, 2023. The relevant person in charge of the Ecological and Environmental Law Enforcement Bureau of the Ministry of Ecology and Environment introduced that the revision of the "Punishment Measures" is based on the spirit and core essence of the new Administrative Penalty Law, strictly adhering to the general norms in the field of administrative penalties, closely linking with the actual situation of ecological and environmental law enforcement, highlighting the characteristics of law enforcement in the field of ecological and environmental protection, enhancing the standardization and operability of ecological and environmental law enforcement, strictly constraining administrative law enforcement behavior, and safeguarding the legitimate rights and interests of parties involved, There is both strength and warmth in ensuring law enforcement. The person in charge introduced that the name of the document has been changed from the original "Environmental Administrative Penalty Measures" to the "Ecological Environment Administrative Penalty Measures", and the number of clauses has been increased from 82 to 92. According to the administrative penalty case handling process, the regulations are divided into sections in the order of filing, investigation and evidence collection, case review, notification and hearing, legal review and collective discussion, decision-making, and information disclosure. In terms of specific content, modify and improve the types of penalties. Added a notice of criticism, confiscating illegal gains, confiscating illegal property, not applying for administrative permission within a certain period of time, and ordering demolition within a specified period of time; Revise and improve relevant regulations on investigation and evidence collection. Refine the application requirements for automatic monitoring data and highlight the important role of labeling rules; Improve the relevant provisions on the discretion of administrative penalties. Improved the situation of no punishment and increased the situation of lighter or mitigated punishment; 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; 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; 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. (New News Agency)

Edit:Zhou Shu    Responsible editor:Jia Jia

Source:People.cn

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