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处罚法定是行政处罚的核心原则,但当其作用于环境领域时,环境问题特质所决定的环境法属性放大了该原则的局限性,进而要求环境行政处罚法定原则必须作出适当的因应——风险预防考量。近期发生的韶关“怪味”案即为印证该理论的实例,然而该理论的制度化仍需要理念上的认可并接受,立法上的确认及固化,加之判例上的创建与完善。
The law of punishment is the core principle of administrative penalty. However, when it acts in the field of environment, the environmental law attribute determined by the characteristics of environmental problems amplifies the limitation of the principle, and then requires that the legal principle of environmental administrative punishment must make appropriate response - risk Prevention considerations. The recent case of Shaoguan “Strange Taste ” is an example of confirming the theory. However, the institutionalization of the theory still needs to be recognized and accepted by the mind, and the recognition and solidification of the legislation, combined with the creation and improvement of the precedent.