我国环境行政处罚从轻、减轻适用的现状、问题及对策
The Current Situation, Problems, and Countermeasures of Lenient and Mitigated Application of Environmental Administrative Penalties in China

在环境行政处罚的过程中，行政机关正确适用法律对具有法定从轻、减轻情形的当事人进行行政处罚，既是保证行政处罚过罚相当的要求，也是实现教育与惩罚相结合目的的需要。但由于我国部分地方规定的环境行政处罚从轻、减轻情形较为简略粗糙、混乱、不完整、不合法、加上我国环境执法人员执法水平不高，对从轻处罚、减轻处罚的理解和适用有失偏颇、环境行政处罚的过程缺乏有效的监督程序，导致我国环境行政处罚过程中从轻、减轻处罚的适用存在较大的问题。故本文经过查阅整理各个地区环境行政处罚从轻、减轻的相关规定的基础上，分析我国从轻、减轻行政处罚的现状及适用问题，以期裨益于生态环境主管部门在实践中修订较为规范合法的裁量基准，规范环境处罚执法行为。
In the process of environmental administrative penalties, the administrative authorities correctly apply the law to the parties with legal mitigating circumstances to administrative penalties, both to ensure that the administrative penalties are equivalent requirements, but also to achieve the purpose of combining education and punishment. However, due to the abbreviated, rough, confusing, incomplete and illegal circumstances of the environmental administrative penalties stipulated in some places in China, coupled with the low level of law enforcement of our environmental law enforcement officers, the biased understanding and application of mitigated penalties and the lack of effective supervision procedures in the process of environmental administrative penalties, there are major problems in the application of mitigated penalties in the process of environmental administrative penalties in China. Therefore, this paper, after reviewing and organizing the environmental administrative penalties in various regions, has found that the application of mitigated penalties in China is problematic. Therefore, this paper analyzes the current situation and application of lenient and mitigated administrative penalties in China based on the review and collation of relevant provisions on lenient and mitigated environmental administrative penalties in various regions, in order to benefit the ecological and environmental authorities in practice to revise a more standardized and legitimate discretionary benchmark and regulate the enforcement of environmental penalties.