全国人大常委会法工委答一财:生态环境法典要落实过罚相当
Di Yi Cai Jing·2025-10-23 03:33

Core Viewpoint - The compilation of the Ecological Environment Code is progressing, aiming to implement the principle of proportionality in penalties to avoid "heavy penalties for minor offenses" and "light penalties for major offenses" [1][4]. Summary by Sections Legislative Progress - The 18th meeting of the 14th National People's Congress Standing Committee will be held from October 24 to 28 in Beijing, where the draft of the Ecological Environment Code will undergo a second review [1]. - The initial review of the Ecological Environment Code draft took place in April 2025, with modifications based on feedback from various stakeholders [1]. Key Modifications Proposed - The draft will further implement the principle of proportionality in penalties [1][4]. - There will be a balance in legal responsibilities among similar violations [1][4]. - Dynamic adjustments will be made based on changes in the general and pollution prevention sections [1]. - Legal responsibilities related to ecological protection and green low-carbon development will be enhanced [1]. - Specific issues such as groundwater protection, oil fume pollution, and light pollution will have improved legal responsibilities [1]. Structural Changes - The first chapter will be renamed "General Principles of Legal Responsibility," and the second chapter will be renamed "Specific Legal Responsibilities" [1]. - The first section of the second chapter will be divided into three sections: "Ecological Environment Impact Assessment and Monitoring," "Pollutant Discharge Permits and Outlets," and "Other Provisions" [1]. Enforcement Considerations - General provisions for heavier penalties, lighter penalties, and non-penalties will be added [5]. - The five-year accountability period for administrative penalties will be clarified for violations causing environmental pollution and ecological damage [5]. - Adjustments will be made to penalty standards based on different violators and circumstances [5]. - Legal responsibilities related to pollutant discharge outlets, ecological environment impact reports, and ecological accidents will be unified [5]. - Responsibilities for monitoring by waste management units will be balanced [5]. - Penalty amounts for radioactive pollution prevention will be adjusted based on those for hazardous waste violations [5].