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新环保法实施至今已两年,其中按日计罚制度的提出作为惩治违法排污的有力手段也已经适用了两年。两年来,按日计罚制度收获了不小的成效,但实践中也呈现出许多问题。为更好落实按日计罚,处罚环境污染行为,本文从按日计罚制度的设立及理论研究出发,分析按日计罚的法律适用中存在的问题并进行完善。完善按日计罚制度,扩大按日计罚处罚范围,在环境法领域建立系统完整的按日计罚制度,威慑环境污染者,保护环境,实现生态的文明及经济、环境的和谐发展。
The implementation of the new Environmental Protection Law has been implemented for two years, of which the proposed daily penalty system as a means of punishing illegal sewage has also been applied for two years. In the past two years, the daily penalty system has gained a lot of results, but many problems have also emerged in practice. In order to better implement the daily penalty and the punishment of environmental pollution, this article starts with the establishment and theoretical research of the daily penalty system, analyzes the problems existing in the legal application of the daily penalty and perfects it. We will improve the system of daily penalties, expand the scope of penalties imposed on a daily basis, and establish a systematic system of daily penalties in the field of environmental law to deter polluters and protect the environment so as to achieve the ecological civilization and the harmonious development of economy and environment.