CHEN Xiuli   Law School

ABSTRACT

The seizure and seizure of environmental protection is an administrative compulsory measure, which is of great significance to prevent the occurrence of environmental pollution and the expansion of damage. Although, the Environmental Protection Law and the Measures for the Implementation of Seizure and Seizure by the Environmental Protection Department have made provisions on the relevant procedures and implementation requirements for the seizure and seizure of environmental protection. However, after in-depth analysis of 62 environmental protection seizure and seizure decisions retrieved, it is found that there are the following main problems in the process of practical application of environmental protection seizure and seizure: first, the decision subject of environmental protection seizure and seizure is relatively chaotic. The main performance is whether the municipal ecological environment agency can become the main body of the decision, and whether the comprehensive law enforcement agency can become the main body of the decision. Secondly, the applicable conditions of environmental protection seizure and seizure are unclear. The main performance is that the identification of "serious pollution" is ambiguous, and the application of "can" is arbitrary. Thirdly, there are certain errors in the applicable objects of environmental protection seizure and seizure. The main performance is to seal up and seize some objects that should not be sealed up and seized, such as articles that are not relevant to pollution, articles that need not be sealed up and seized, articles related to people's livelihood, etc. Finally, the relevant implementation procedures of environmental protection seizure and seizure are not standardized. The main performance is that there is no detailed review procedure, there is no sound transfer procedure for cases of breaking seals without authorization, and the removal procedure is not standardized. In view of the above problems in the application process of environmental protection seizure and seizure, the following suggestions are put forward: first, the applicable subject of environmental protection seizure and seizure should be clarified. Confirm the subject qualification of the agency of the municipal ecological environment bureau according to the situation, and clarify that the comprehensive law enforcement agency of the ecological environment cannot be the applicable subject of seizure and seizure. Secondly, the scope of serious pollution should be clearly defined, and relevant factors should be taken into account when determining whether the degree of serious pollution has been reached, so as to ensure the appropriateness and necessity of the legal application of environmental protection seizure and seizure. Thirdly, reasonably determine the applicable objects of environmental protection seizure and seizure. Among them, it should be clear that the plant is not the object of environmental protection seizure and seizure, the facilities and equipment seized and seized should be related to the generation of pollution, and the articles and tools seized and seized should be necessary. Finally, we should standardize the implementation procedures of environmental protection seizure and seizure, with the focus on establishing the review procedures of environmental protection seizure and seizure, and adopting legislation or improving the provisions of existing laws; Improve the transfer procedure of cases of breaking seals without authorization, and establish and improve the linkage mechanism between the environmental protection department and the public security department; To standardize the application of the procedures for sealing up and releasing the seizure of environmental protection.

Read the article here:    环境保护查封、扣押法律问题研究.pdf