The basic principles of environmental protection law are:
1. The principle of coordinated development of environmental protection and social economy.
This principle refers to correctly handling the interdependence, mutual promotion and mutual restriction among environment, society and economic development, and protecting them in development; Develop in protection, adhere to the simultaneous planning, implementation and development of economic construction, urban and rural construction and environmental construction, and realize the unity of economic, social and environmental benefits.
2. The principle of putting prevention first, combining prevention with control and comprehensive management.
This principle refers to taking preventive measures in advance to prevent environmental problems and environmental damage; While giving priority to prevention, we should actively control the environmental pollution and destruction that has already formed.
With less investment, we can achieve greater benefits, and adopt a combination of various ways and means to control environmental pollution and destruction, so as to improve the control effect. Such as rational planning, adjusting industrial layout, strengthening enterprise management and developing comprehensive utilization.
3. The principle of polluter control and developer protection.
This principle, also known as the principle of "whoever pollutes should be treated and whoever develops should be protected", clearly stipulates that those who pollute and destroy the environment and resources should bear the obligations and responsibilities of treatment and protection.
4. The principle that the government is responsible for environmental quality.
Local people's governments at all levels are the highest administrative responsible persons for environmental quality in their own areas, and have the responsibility to take effective measures to improve environmental quality and protect citizens' personal rights and the property of the state, collectives and individuals from environmental pollution and destruction.
5. The principle of relying on the masses to protect the environment.
This principle is also called the democratic principle of environmental protection. It refers to the principle that all people have the right and obligation to participate in environmental protection and management and conduct mass environmental supervision.
Extended data:
New environmental protection law
20 14 on April 24th, the eighth session of the 12th the National People's Congress Standing Committee (NPCSC) voted to pass the amendment to the environmental protection law. The new law known as "the strictest in history" will take effect on1October 24th, 20 15+ 1
Chengdu has completed the rectification of 8727 illegal sewage enterprises. In the first three quarters, the concentration of PM2.5 decreased 10% compared with the same period of 20 13. The anniversary also ordered 33 industrial enterprises with abnormal sewage treatment facilities and excessive discharge to rectify within a time limit, and shut down and banned 8 small paper mills that were explicitly eliminated by the state.
In addition, in 20 14, Suzhou environmental protection departments at all levels dispatched law enforcement personnel120,000 person-times, among which 9 cases of environmental violations were transferred to public security organs and more than 20 suspects were administratively detained.
In order to cooperate with the "strictest" new environmental protection law in history, the Ministry of Environmental Protection issued four sets of specific measures on 20 14 10, including daily penalty, seizure, production restriction and information disclosure, and publicly solicited opinions on China Environmental Network. Eight kinds of environmental violations are included in the daily penalty, and the maximum penalty period is 30 days.
Low illegal cost and high law-abiding cost are the important reasons why environmental problems are difficult to solve at present. The biggest feature of "penalty by day" is that the penalty is heavy. According to industry calculations, the Songhua River water pollution accident in 2005 caused serious damage. According to the original punishment method, the maximum fine was 6,543.8+0,000 yuan, nine Niu Yi points.
After the implementation of the new environmental protection law, the penalty will be calculated on a daily basis, which may be more than 9 million yuan per day. I'm afraid no company can afford this.
However, it is worth noting that "daily penalty" is always an economic-oriented administrative penalty. Curbing illegal sewage discharge by enterprises is not only an economic account, especially between "illegal sewage discharge" and "accepting punishment or stopping production", and there is a more subtle possibility of illegal sewage discharge choice.
In fact, on June 9, 20 13, 19, the Supreme Court and the Supreme Procuratorate issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, which clarified 14 sentencing standards for "serious environmental pollution". However, in the specific judicial practice, there are some problems such as the identification of the subject of imprisonment and how to link environmental administrative law enforcement with criminal justice.
In addition, there is a problem of "clear rewards and punishments". Since hell to pay, a polluting enterprise, should also have corresponding incentives for law-abiding enterprises, such as preferential tax policies. The illegal cost is extremely low, but the law-abiding cost is extremely high, which is not only unfair, but also a bad negative hint, which is not conducive to the formation of environmental law-abiding atmosphere.
References:
Baidu Encyclopedia-Environmental Protection Law