How to reverse the phenomenon of "high law-abiding cost and low illegal cost"
2023-05-22 12:11:55
According to the current "Air Pollution Prevention and Control Law", the maximum penalty amount is for the cause of serious air pollution accidents, "the maximum is not more than 500,000 yuan", which is not enough to deter illegal polluters. In the revision of the Atmospheric Law, how to reverse the phenomenon of "high law-abiding cost and low illegal cost" is a focus of attention from all walks of life.
Comparing the US Clean Air Act, China’s Air Pollution Prevention and Control Law lacks rigid constraints. According to US law, “violation by day†is imposed on illegal polluters. The maximum penalty for daily violations can be as high as 25,000 US dollars, or imprisonment within 5 years, which can be both; if it is repeated, it will be doubled. Those who fabricate or tamper with the discharge data shall be fined or imprisoned for two years. For the inadvertent discharge of harmful gases, a fine of 1 million US dollars or imprisonment within 15 years. The relevant environmental protection personnel of Dongguan introduced China’s atmospheric law, which imposes a fine of 10,000 yuan to 100,000 yuan on illegal polluters, and it is a one-off. For other illegal acts, most of the fines are 20,000 yuan or 50,000 yuan. The maximum fine for causing an air pollution accident is only $500,000. Comparing the two, it can be seen that the Chinese law is too 'benevolent', not enough to shock the illegal polluters, and also makes the phenomenon of 'high law-abiding cost and low illegal cost' difficult to be reversed.
Relevant department experts believe that fines should not have a ceiling. They should be punished on a daily or on-time basis according to the impact on the environment and the extent and timing of violations. Yang Chaofei believes that there are several principles to be followed in the revision of the atmospheric law to solve the problem of low illegal costs and high law-abiding costs. First, for excessive pollutant discharge enterprises, the environmental taxes and fees collected must be higher than their governance costs, and the taxes and fees are not high. In terms of the cost of governance, enterprises are not motivated in controlling pollution. Second, environmental damage must be compensated. This responsibility is unavoidable for life. It has been 50 years since the occurrence of waterlogging in Japan. Third, the illegal income of the offenders must be confiscated. The illegal income of the part that pollutes the environment must be completely confiscated by calculation, so that the offenders can pay high costs and even go bankrupt; the fourth is to use the power of the judiciary to severely punish subjective and malicious violations. The act of stealing private smuggling should be the object of severe punishment by law, and the person responsible should be criminally detained or sentenced. Yang Chaofei also suggested that the punishment must be "to punish the unit and punish the individual equally." Many environmental laws and regulations are penalized for polluting enterprises that cause pollution accidents and smuggling leaks. There is no penalty for individuals. In the "Water Pollution Prevention Law", there is a breakthrough in penalizing individuals, which stipulates that the fine for individuals does not exceed 50% of their annual income. On the one hand, the Law on Prevention and Control of Atmospheric Pollution shall inherit the "Public Punishment Unit and Penalty for Individuals" in the "Water Pollution Prevention and Control Law", and on the other hand, it shall break through the 50% proportion of the Water Pollution Prevention and Control Law, such as penalizing the responsible person for one year. income.
Search Keyword: Dongguan Environmental Protection Dongguan Environmental Protection Equipment Dongguan Waste Gas Project Dongguan Waste Gas Treatment
Comparing the US Clean Air Act, China’s Air Pollution Prevention and Control Law lacks rigid constraints. According to US law, “violation by day†is imposed on illegal polluters. The maximum penalty for daily violations can be as high as 25,000 US dollars, or imprisonment within 5 years, which can be both; if it is repeated, it will be doubled. Those who fabricate or tamper with the discharge data shall be fined or imprisoned for two years. For the inadvertent discharge of harmful gases, a fine of 1 million US dollars or imprisonment within 15 years. The relevant environmental protection personnel of Dongguan introduced China’s atmospheric law, which imposes a fine of 10,000 yuan to 100,000 yuan on illegal polluters, and it is a one-off. For other illegal acts, most of the fines are 20,000 yuan or 50,000 yuan. The maximum fine for causing an air pollution accident is only $500,000. Comparing the two, it can be seen that the Chinese law is too 'benevolent', not enough to shock the illegal polluters, and also makes the phenomenon of 'high law-abiding cost and low illegal cost' difficult to be reversed.
Relevant department experts believe that fines should not have a ceiling. They should be punished on a daily or on-time basis according to the impact on the environment and the extent and timing of violations. Yang Chaofei believes that there are several principles to be followed in the revision of the atmospheric law to solve the problem of low illegal costs and high law-abiding costs. First, for excessive pollutant discharge enterprises, the environmental taxes and fees collected must be higher than their governance costs, and the taxes and fees are not high. In terms of the cost of governance, enterprises are not motivated in controlling pollution. Second, environmental damage must be compensated. This responsibility is unavoidable for life. It has been 50 years since the occurrence of waterlogging in Japan. Third, the illegal income of the offenders must be confiscated. The illegal income of the part that pollutes the environment must be completely confiscated by calculation, so that the offenders can pay high costs and even go bankrupt; the fourth is to use the power of the judiciary to severely punish subjective and malicious violations. The act of stealing private smuggling should be the object of severe punishment by law, and the person responsible should be criminally detained or sentenced. Yang Chaofei also suggested that the punishment must be "to punish the unit and punish the individual equally." Many environmental laws and regulations are penalized for polluting enterprises that cause pollution accidents and smuggling leaks. There is no penalty for individuals. In the "Water Pollution Prevention Law", there is a breakthrough in penalizing individuals, which stipulates that the fine for individuals does not exceed 50% of their annual income. On the one hand, the Law on Prevention and Control of Atmospheric Pollution shall inherit the "Public Punishment Unit and Penalty for Individuals" in the "Water Pollution Prevention and Control Law", and on the other hand, it shall break through the 50% proportion of the Water Pollution Prevention and Control Law, such as penalizing the responsible person for one year. income.
Search Keyword: Dongguan Environmental Protection Dongguan Environmental Protection Equipment Dongguan Waste Gas Project Dongguan Waste Gas Treatment
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