吉首大学学报（社会科学版）2025，Vol.46Issue(1)：71-81,11.DOI:10.13438/j.cnki.jdxb.2025.01.007
生态环境"首违不罚"的规制逻辑及困局破解
The Regulatory Logic and Resolution to the Dilemma of"First-time Offense Exemption"in the Ecological Environment
摘要
Abstract
The revised"Administrative Penalty Law"of China in 2021 explicitly stipulates in Article 33,Paragraph 1,that"for a first-time offense with minor harmful consequences and prompt correc-tion,an administrative penalty may be exempted."This is academically summarized as the"First-time Offense Exemption"system.To optimize the business environment and implement the concept of prioritizing ecological protection,the"Administrative Measures for Environmental Protection Penal-ties"revised in China in 2023 explicitly introduced the"First-time Offense Exemption"system into the field of ecological environment.As a new institutional innovation to alleviate the trend of heavy penalties in administrative penalties,the"First-time Offense Exemption"in the ecological environ-ment has significant advantages in optimizing environmental governance methods.The"First-time Offense Exemption"in the ecological environment has its own unique regulatory logic,including a normative logic characterized by static connotation and dynamic application,and a practical logic with incentive-based prevention as the main body and deterrent-based prevention as a safeguard.Corre-spondingly,the"First-time Offense Exemption"in the ecological environment has structural defects in the normative structure of"broad in front and narrow in back|",and dilemmas in practice such as insufficient deterrent-based prevention effects and the capture of incentive-based prevention effects.In response,it is necessary to set practical and targeted strategies based on its regulatory logic and ap-plicable dilemmas:on the one hand,the normative application system of"First-time Offense Exemp-tion"in the ecological environment should be optimized by focusing on the criteria for discretionary re-quirements and the construction of discretionary effects;on the other hand,it is appropriate to strengthen the practical operation effects of"First-time Offense Exemption"in the ecological envi-ronment by starting with a diverse responsibility system in the ecological environment and internal management-type regulation of involved enterprises.关键词
生态环境/"首违不罚"/行政处罚/环境执法Key words
ecological environment/"First-time Offense Exemption"/administrative penalty/environ-mental law enforcement分类
政治法律引用本文复制引用
李爱年,万知涵..生态环境"首违不罚"的规制逻辑及困局破解[J].吉首大学学报（社会科学版）,2025,46(1):71-81,11.基金项目
国家社会科学基金一般青年项目(23CFX048) （23CFX048）
