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以逃避监管方式排放污染物
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建议修改以逃避监管方式排污的相关条款|双十年 新征程
Core Viewpoint - The draft of the Ecological Environment Code contains provisions regarding the evasion of regulatory measures for pollutant emissions, with specific concerns raised about Article 1080's design and its potential implications for enforcement [1][2]. Summary by Sections Enforcement Challenges - The penalties for evading regulatory measures are considered excessively harsh, with Article 1080 stipulating criminal liability and revocation of discharge permits, which may lead to over-penalization of companies [2][3]. - Strict liability may hinder enforcement efforts, as high fines discourage local environmental authorities from taking action, potentially leading to ineffective regulation of illegal activities [2][3]. Evaluation of Current Legal Framework - The existing ecological laws provide a balanced approach to handling cases of regulatory evasion, allowing for appropriate penalties and administrative measures without overwhelming the enforcement system [3]. Recommendations for Amendments - It is suggested to categorize behaviors related to the evasion of regulations, separating the operation of pollution control facilities from other forms of evasion, and to adjust penalties to be more reasonable [4]. - Proposed changes to Article 1080 include defining specific actions that constitute violations and establishing a more structured penalty system, including fines and corrective measures [4].