Remarkable achievements have been made in the implementation of the new environmental protection law. Experts call for the introduction of supporting policies as soon as possible.

The data show that in the past year since the implementation of the new environmental protection law, the Ministry of Environmental Protection has made up 16.7% of the total number of limited batches in the past nine years. A few days ago, the release of the "new implementation evaluation report" that in order to further promote the implementation of the new environmental protection law, we need to speed up the formulation and promulgation of new environmental protection law, including the "Soil Pollution Prevention Law" and other supporting laws and regulations.

It has been more than a year since the new Environmental Protection Law came into effect on January 1, 2015. How about the effect of its implementation? On May 23, experts of environmental law from six universities, such as China University of Political Science and Law, Renmin University of China and Shandong University, set up a research group to independently conduct a third-party assessment of the implementation of the new Environmental Protection Law and issue a review of the new implementation. Evaluation report. According to the report, it is necessary to formulate and promulgate a complete set of laws and regulations for the implementation of the new Environmental Protection Law, including the Law on the Prevention and Control of Soil Pollution. In addition, according to the report statistics, there were 715 consecutive cases of daily punishment carried out nationwide last year, with a fine amount of about 570 million yuan.

What are the highlights of the implementation of the new law in the past year?

Wang Canfa, a professor at China University of Political Science and Law, introduced the report. It took three months to evaluate the implementation of the new Environmental Protection Law, the implementation of key environmental management systems and measures, and the compliance of enterprises with the law.

As for the implementation of the key management measures, the report considers that the stringent implementation of the new measures, such as daily penalties, seizure and detention, regional environmental impact assessment restriction, administrative detention and production restriction, is the highlight of the implementation of the new law in the past year.

Data show that in the past year, the Ministry of Environmental Protection has used regional EIA restrictions for 16.7% of the total number of restrictions in the past nine years. The provincial environmental protection departments have used regional EIA restrictions for 125 times. A total of 4191 cases have been seized and detained nationwide, 3106 cases have been applied to stop production and limit measures, 715 cases have been punished on a daily basis, and the amount of fines is 56954.41. Ten thousand yuan.

After sampling investigation, the correction rate after punishment is over 85%, and even more than 95% in some areas. In 32 regions of the country, the maximum number of daily penalty cases last year was 101 in Liaoning, at least 0 in Tibet, and 4 in Beijing.

"No more fines" instead of "daily penalty"

It is reported that, before the new Environmental Protection Law comes into effect, except for some local legislation stipulating daily penalties, environmental administrative penalties throughout the country are basically implemented the "one thing no longer fined" principle, resulting in some illegal polluters would rather be a one-time fine than stop polluting the phenomenon.

In view of this situation, the new Environmental Protection Law legalizes "punishment on a daily basis" as a law enforcement measure and clearly stipulates that "enterprises, institutions and other producers and operators who unlawfully discharge pollutants shall be fined, ordered to make corrections or refuse to make corrections, and the administrative organs that have made the punishment decisions according to law may order themselves to make corrections. From the next day on the date of the day, it will be punished continuously according to the original amount of punishment.

In addition, the report states that the transfer of criminal cases has greatly deterred and sanctioned serious environmental violations and environmental crimes. In 2015, 2079 cases of administrative detention and 1 685 cases of suspected environmental pollution crimes were transferred nationwide, which truly realized "responsibility for damage" and effectively cracked down on environmental crimes.

Existing problems

Slow implementation of supporting laws and regulations

According to the report, the new Environmental Protection Act has made remarkable achievements in environmental governance in 2015, but it still faces problems and challenges. The introduction of some supporting laws and regulations slow down the implementation of relevant legal systems.

As a big framework, the new Environmental Protection Law can only be operated by detailed rules. Further refinement of relevant provisions is an important prerequisite for the new Environmental Protection Law to take root better. However, the supporting provisions of these systems can not be promulgated for a long time, which seriously affects the implementation of legal provisions.

According to the report, the new Environmental Protection Law, as the leading law in environmental protection, can not be very specific and detailed in all aspects of environmental protection. Many of its regulations and measures need to be implemented and refined through the provisions of separate laws, regulations and regulations. The supporting legislation for the implementation of the new environmental protection law needs to be formulated and promulgated.

In law, the Law on the Prevention and Control of Water Pollution and the Law on Marine Environmental Protection, which are inconsistent with the provisions of the new Environmental Protection Law, should be amended as soon as possible; the Law on the Prevention and Control of Soil Pollution should be enacted and promulgated as soon as possible; the Law on the Protection of Wildlife and the Law on Fisheries should be amended as soon as possible; and the Law on Nature Reserves should be enacted and promulgated in administration. In terms of regulations, the State Council needs to enact the Regulations on Discharge Permits and the Regulations on Environmental Monitoring as soon as possible. In addition, party and government cadres' responsibility for ecological environment damage also needs specific implementation measures.