Abstract：With the increasing environmental risks, the limitations of legislative regulation, negative judicial regulation and weak administrative regulation make it difficult to regulate the exercise of the discretion of environmental administrative punishment, which also increases the difficulty of the implementation of environmental administrative penalty decisions. The government, enterprises and the public three-dimensional main body structure constructed by the modern environmental governance system provides a new framework for the discretionary regulation of environmental administrative punishment. Based on the traditional theories of administrative Law, three regulation mechanisms can be formed,which include administrative self-control, negotiation regulation, and the social regulation. These three regulatory mechanisms working together in the whole process of environmental administration would regulate and restrict the exerting of discretion of environmental administrative punishment.
丁霖. 论环境行政处罚裁量的规制——以生态环境治理体系现代化为框架[J]. 浙江工商大学学报, 2020, 34(2): 150-160.
DING Lin. On the Regulation of the Discretion of Environmental Administrative Punishment: Based on the Framework of the Modernized Environment Governance System. Journal of Zhejing Gongshang University, 2020, 34(2): 150-160.
2020, Vol. 34 
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