Property Study of Daily Consecutive Penalty Provision in Environment Laws of Taiwan Region  

作　　者：Jiang Fengyu 

机构地区：[1]Zhengzhou University,Zhengzhou 450000,China

出　　处：《Meteorological and Environmental Research》2015年第8期22-26,共5页气象与环境研究（英文版）

摘　　要：For the person violating prevention and control measures or has caused pollution, environment laws all set penalty provision. Moreover, for the person still does not improve within limited period, there is daily consecutive penalty provision. For that legal properties of these daily consecutive penalty provisions are administrative order penalty or administrative execution penalty,judicial practice in Taiwan always has different views. The target of ＂daily consecutive penalty＇ is compelling doers to fulfill their obligations or improve illegal state by continuously increasing property burden of obligor. The emphasis is fulfilling future responsibility or improving future,but not punishing the past violations. To realize the target of com- pelling obligor to improve,we should take administrative compulsory execution means. So, for the property of daily consecutive penalty,we should cleady position daily consecutive penalty as administrative execution penalty,and not only its penalty target has difference with administrative order penalty, but also made way and law enforcement focus are different from administrative order penalty.For the person violating prevention and control measures or has caused pollution, environment laws all set penalty provision. Moreover, for the person still does not improve within limited period, there is daily consecutive penalty provision. For that legal properties of these daily consecutive penalty provisions are administrative order penalty or administrative execution penalty,judicial practice in Taiwan always has different views. The target of ＂daily consecutive penalty＇ is compelling doers to fulfill their obligations or improve illegal state by continuously increasing property burden of obligor. The emphasis is fulfilling future responsibility or improving future,but not punishing the past violations. To realize the target of com- pelling obligor to improve,we should take administrative compulsory execution means. So, for the property of daily consecutive penalty,we should cleady position daily consecutive penalty as administrative execution penalty,and not only its penalty target has difference with administrative order penalty, but also made way and law enforcement focus are different from administrative order penalty.

关 键 词：Environment punishment Consecutive penalty Administrative compulsion Execution penalty Order penalty China 

分 类 号：D922.68[政治法律—环境与资源保护法学] D922.1[政治法律—法学] D927