过罚相当原则
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生态环境法典两编草案五大看点
Xin Hua Wang· 2025-10-31 02:02
Core Points - The legislative process of the Ecological Environment Code in China has advanced, with the second draft of the Pollution Prevention and Control section and the Legal Responsibilities and Supplementary Provisions section submitted for review by the National People's Congress Standing Committee on October 24 [1] Group 1: Air Pollution Prevention - The second draft of the Pollution Prevention and Control section focuses on addressing weaknesses in air pollution prevention, enhancing standards for volatile organic compounds, and strengthening regulations on emissions from heavy-duty trucks and ships [1][2] - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [2] Group 2: Water Pollution Prevention - The draft further details regulations on water pollution prevention, including provisions for groundwater condition surveys and stricter standards for wastewater discharge from inland vessels [3] - It emphasizes the need for clear responsibilities among government levels, regulatory bodies, and enterprises, enhancing technical support and standards for effective water pollution control [3] Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, addressing issues related to financial support, management of agricultural inputs, and disposal of agricultural waste [4][5] Group 4: Principle of Proportionality in Penalties - The draft implements the principle of proportionality in penalties, optimizing fine regulations to avoid excessive penalties for minor infractions and vice versa [6][7] Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent practices in environmental monitoring, including falsifying data and reports, to ensure data integrity and enhance public trust [8]
新华视点丨生态环境法典2编草案五大看点
Xin Hua Wang· 2025-10-25 06:08
Core Viewpoint - The legislative process of the Ecological Environment Code has advanced, with the second draft of the pollution prevention section and legal responsibilities being submitted for review by the National People's Congress Standing Committee, addressing key social concerns and enhancing environmental protection measures [1]. Group 1: Air Pollution Prevention - The draft emphasizes addressing shortcomings in air pollution prevention, including stricter standards for volatile organic compounds and enhanced regulation of emissions from heavy-duty trucks and ships [2][3]. - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [3]. - It also strengthens the oversight of emissions from mobile sources, such as vehicles and ships, reflecting the changing landscape of air pollution sources [4]. Group 2: Water Pollution Prevention - The draft includes more detailed regulations for water pollution prevention, such as conducting assessments of groundwater conditions and enhancing pollution control for ships entering inland rivers [5][6]. - It establishes management requirements for groundwater pollution prevention and sets higher standards for wastewater discharge from inland vessels [6]. Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, focusing on financial support, management of agricultural inputs, and disposal of agricultural waste [7][8]. - This reflects a shift in focus from point source pollution, which has seen significant improvements, to addressing the rising share of non-point source pollution in overall pollution levels [8]. Group 4: Principle of Proportionality in Penalties - The draft reinforces the principle of proportionality in penalties, optimizing fine regulations to avoid excessive penalties for minor infractions and insufficient penalties for serious violations [9][10]. - This adjustment aims to provide a more balanced approach to environmental enforcement, addressing concerns raised during the initial review of the Ecological Environment Code [10][11]. Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent practices in vehicle and ship emissions testing, as well as for falsifying monitoring data [12][13]. - It emphasizes the importance of accurate environmental monitoring data to ensure effective policy implementation and risk management [13].
生态环境法典2编草案五大看点
Xin Hua Wang· 2025-10-24 22:20
Core Viewpoint - The legislative process of the Ecological Environment Code has advanced, with the second draft of the pollution prevention section and legal responsibilities being submitted for review, reflecting a systematic response to current environmental challenges and public concerns [1]. Group 1: Air Pollution Prevention - The draft emphasizes addressing shortcomings in air pollution prevention, including enhancing standards for volatile organic compounds and regulating emissions from heavy-duty trucks and ships [2][3]. - The draft expands the definition of "organic solvents" to include "raw and auxiliary materials and products containing volatile organic compounds," thereby broadening the scope of regulation [2]. - It aims to improve regulatory effectiveness for mobile sources of air pollution, which have become significant contributors to air quality issues [3]. Group 2: Water Pollution Prevention - The draft includes more detailed regulations for water pollution prevention, such as conducting groundwater condition assessments and enhancing pollution control for inland vessels [4]. - It establishes management requirements for groundwater pollution prevention, including risk control and environmental access [4]. - The draft sets higher standards for wastewater discharge from inland vessels and emphasizes the construction of pollution reception facilities at ports and shipyards [4]. Group 3: Agricultural Non-Point Source Pollution - The draft strengthens regulations on agricultural non-point source pollution, addressing issues related to financial support, agricultural input management, and waste disposal [6]. - It reflects a shift in focus from point source pollution, which has seen significant improvements, to the rising challenges posed by non-point source pollution [6]. Group 4: Legal Responsibility and Penalties - The draft reinforces the principle of proportionality in penalties, aiming to avoid excessive fines for minor infractions while ensuring accountability for serious violations [7]. - It introduces provisions for adjusting penalties based on the severity of the environmental offense, addressing concerns about inconsistent enforcement [7]. Group 5: Combating Fraudulent Practices - The draft imposes strict penalties for fraudulent activities related to vehicle and ship emissions testing, as well as for falsifying monitoring data [8]. - It emphasizes the importance of accurate environmental data to inform policy-making and enforcement, thereby enhancing public trust and market fairness [8]. - The regulations aim to increase the cost of violations, thereby deterring fraudulent behavior and improving the effectiveness of environmental governance [8].
生态环境法典法律责任和附则编草案二审 进一步落实过罚相当原则
Zhong Guo Xin Wen Wang· 2025-10-24 10:44
Core Points - The second review of the draft of the Ecological Environment Code's legal responsibilities and supplementary provisions was presented to the 18th meeting of the 14th National People's Congress Standing Committee, further implementing the principle of proportionality in penalties [1] - The draft includes provisions for heavier penalties, lighter penalties, and non-penalties, clarifying the five-year accountability period for administrative penalties related to environmental pollution and ecological damage [1] - The draft addresses public concerns by adjusting penalty standards based on different violators and violations, particularly focusing on issues like oil fume pollution and improper disposal of construction waste [1] Group 1 - The draft enhances legal responsibilities related to ecological protection and green low-carbon development, including penalties for non-compliance with environmental access lists and the use of outdated technologies [1] - It introduces legal responsibilities for violating regulations on the production and sale of non-degradable plastic bags and single-use plastic products [1] Group 2 - The initial review of the Ecological Environment Code draft took place in April, with the code being divided into several units for further review and improvement [2]
生态环境法典草案将二审 防止“小过重罚”“大过轻罚”
Yang Shi Xin Wen· 2025-10-23 10:00
Core Points - The National People's Congress Standing Committee is set to review the draft of the ecological environment code, focusing on legal responsibilities and supplementary provisions, emphasizing the principle of proportionality in penalties [1] Group 1: Legal Responsibilities - The draft aims to ensure that administrative penalties correspond to the facts, nature, circumstances, and severity of the violations, maintaining balance among similar illegal acts [1] - The draft introduces general provisions for heavier penalties, lighter penalties, and non-penalties [2] Group 2: Administrative Penalties - The application of a five-year accountability period for administrative penalties will be clarified for violations causing environmental pollution and ecological damage [2] - Adjustments will be made to penalty standards based on different violators and circumstances, reflecting practical enforcement experiences [2] Group 3: Unified Legal Responsibilities - Legal responsibilities related to pollutant discharge outlets, ecological impact reports, and ecological accidents will be standardized [2] - Responsibilities for waste management units failing to conduct monitoring as required will be improved to ensure balance among legal responsibilities of enterprises and institutions [2] Group 4: Specific Penalty Adjustments - Penalty amounts for radioactive pollution prevention will be adjusted in reference to penalties for hazardous waste violations [3]
防止小过重罚,环境法典将增加从重处罚、从轻处罚等适用规定
Nan Fang Du Shi Bao· 2025-10-23 07:12
Core Viewpoint - The draft of the Ecological Environment Code's pollution prevention section is set to be reviewed at the 18th meeting of the 14th National People's Congress Standing Committee from October 24 to 28, focusing on institutional regulations for air and water pollution prevention, which has garnered significant public attention [1]. Group 1: Pollution Prevention Measures - The draft will include comprehensive requirements for pollution prevention, emphasizing the improvement of ecological environment quality and public health protection [1]. - It aims to enhance funding support for agricultural pollution prevention and strengthen measures against agricultural non-point source pollution [1]. - The draft will further reinforce heavy metal pollution prevention and improve standards for volatile organic compounds pollution control [2]. Group 2: Regulatory Framework - The pollution prevention section of the draft consists of nine subdivisions, addressing traditional pollution types and new pollution issues, including solid waste, noise, radioactive pollution, and chemical substances [2]. - The structure of the draft is designed to support the ongoing battle against pollution, highlighting the need for scientific and precise pollution control [2]. Group 3: Enforcement and Penalties - The draft addresses the issues of disproportionate penalties in ecological law enforcement, aiming to balance fines across different pollution prevention areas [3]. - It includes provisions for varying penalties based on the nature and severity of the violations, ensuring that administrative penalties are proportionate to the offenses [4]. - The draft proposes adjustments to penalty amounts for radioactive pollution prevention, aligning them with existing regulations for hazardous waste violations [4].
条款最多,生态环境法典污染防治编提请全国人大常委会二审
Xin Jing Bao· 2025-10-23 05:49
Core Points - The National People's Congress (NPC) Standing Committee is reviewing the second draft of the Ecological Environment Code, focusing on pollution prevention and legal responsibilities [1][2][3] Group 1: Pollution Prevention Measures - The second draft of the pollution prevention section aims to enhance overall requirements for pollution control, improve ecological environment quality, and safeguard public health [2] - Increased funding for agricultural and rural pollution prevention is emphasized, along with stronger measures against heavy metal pollution and volatile organic compounds [2] - The draft includes provisions for monitoring underground water conditions and regulating emissions from ships and heavy-duty vehicles [2] Group 2: Legal Responsibilities - The second draft proposes significant modifications to the legal responsibilities section, ensuring a balance in penalties for similar violations and enhancing accountability for ecological protection and low-carbon development [3][5] - Specific legal responsibilities are being refined for issues like groundwater protection and oil smoke pollution, with a new structure for the legal responsibilities chapter [3] - The draft aims to prevent disproportionate penalties in the pollution prevention sector, ensuring that fines are commensurate with the severity of violations [5][6] Group 3: Systematic Framework - The pollution prevention section is structured into nine subdivisions, addressing traditional pollution types and emerging environmental issues [4] - It integrates existing laws related to air, water, soil, solid waste, noise, radioactive pollution, chemical substances, and electromagnetic radiation, creating a comprehensive regulatory framework [4] - The goal is to provide systematic support for ongoing pollution prevention efforts, emphasizing scientific and precise pollution control [4]
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].
每年超800万人被治安处罚,违法记录或束缚一生?
Feng Huang Wang· 2025-10-14 11:26
Core Points - The article discusses the long-term consequences of minor legal violations under the Public Security Administration Punishment Law, emphasizing how such infractions can significantly impact an individual's life and career opportunities [2][3][4] - It highlights the psychological and social burdens faced by individuals with administrative violation records, illustrating the stigma and discrimination they encounter in various aspects of life, including employment and education [4][10][13] - The recent amendments to the Public Security Administration Punishment Law, effective from January 1, 2026, introduce a record sealing system aimed at mitigating the lifelong repercussions of minor infractions [5][29][31] Group 1 - The article outlines that over 8 million people are subjected to administrative penalties annually, indicating the widespread nature of minor legal violations in daily life [3][10] - It provides examples of individuals who faced severe consequences for seemingly trivial actions, such as taking someone else's food delivery or misappropriating items, leading to administrative detention and job loss [5][6][10] - The narrative includes testimonies from individuals who have experienced significant life disruptions due to their violation records, emphasizing the emotional toll and societal stigma associated with such labels [10][13][20] Group 2 - The article discusses the advocacy for the sealing of administrative violation records, led by legal experts like Zhao Hong, who argue that the current system imposes excessive penalties that exceed the severity of the original infractions [4][5][28] - It mentions the public's mixed reactions to the proposed changes, with some expressing sympathy for those with violation records while others believe that such individuals should face lifelong consequences [5][15][20] - The article concludes with a call for a more understanding and flexible legal framework that allows for the reintegration of individuals with past infractions into society, highlighting the need for legal education and public awareness [36][37]
一财社论:以法治建设攻坚市场监管深水区
Di Yi Cai Jing· 2025-07-29 12:23
Core Viewpoint - The article emphasizes the ongoing efforts to strengthen the rule of law in market regulation, highlighting the importance of legal, credit, and intelligent supervision to address deep-seated contradictions and issues in the market [1] Group 1: Market Regulation Focus Areas - Key areas for enhancing market regulation include supporting the construction of a unified national market, addressing local protectionism, and tackling "involution" competition through effective legal governance [2] - There is a need for proactive responses to public concerns regarding food safety, drug safety, and industrial product quality [2] Group 2: Legal Framework Improvement - The draft amendment to the Price Law, the first since its implementation in 1998, aims to provide legal grounds for addressing "involution" competition by defining low-cost dumping practices [3] - The amendment seeks to establish a long-term governance mechanism to prevent irrational market competition driven by capital excess [3] Group 3: Regulatory Adaptation to New Business Models - The market regulatory authority is working to fill regulatory gaps for new business models, such as live e-commerce, and is enhancing the regulatory framework for platform algorithms [4] - This reflects the continuous improvement and dynamic updating of the market regulatory legal system [4] Group 4: Enforcement and Social Impact - The effectiveness of enforcement is crucial, as arbitrary enforcement and excessive penalties can undermine public trust in regulatory bodies [5] - The case of the "frog soup" incident illustrates issues of improper enforcement and abuse of power, highlighting the need for a balanced approach to regulation [5] - The regulatory authority plans to implement a list of first-time non-penalties and minor exemptions, aiming for a fair and humane enforcement approach [6]