中国人口·资源与环境2025，Vol.35Issue(12)：51-62,12.DOI:10.12062/cpre.20251045
按日连续处罚制度的十年回顾与展望
A ten-year review and prospect of the daily continuous penalty system
摘要
Abstract
The daily continuous penalty system stands as one of the most notable highlights in the 2014 revision of the Environmental Protection Law of the People's Republic of China.As China's ecological and environmental legal system approaches the era of codifica-tion,it is essential to conduct a comprehensive review of this system to facilitate its integration and upgrading within the environmental code.An analysis of relevant data—including the number of cases,the total penalties imposed,and their temporal and spatial distribu-tion from 2015 to 2024—along with a review of representative case law,indicates that the daily continuous penalty system had evolved into a potent legal instrument for deterring persistent environmental violations.On the one hand,the implementation of the system sig-nificantly raised the cost of violations for enterprises,reduced the recidivism rate of environmental offenses,and shortened the rectifica-tion period for ongoing violations.On the other hand,the scope of the system's application gradually expanded,and its demonstrative ef-fect became increasingly evident.However,an examination of the system's practice revealed several issues:Flaws in its design tended to lead to enforcement misunderstandings,causing a gradual deviation from its intended function;the diversification of environmental le-gal liability forms narrowed the applicable scenarios in which the system was applied;and its legal nature—combining features of en-forcement penalties with the essence of regulatory penalties—resulted in overly complex application rules.The published Ecological and Environmental Code of the People's Republic of China(Draft)does not introduce substantive adjustments to the daily continuous penalty system.Future revisions should further clarify its relationship with other administrative liabilities and its position within the eco-logical and environmental legal responsibility framework;establish a mechanism to convert daily continuous penalties into other en-forcement measures;modify the irrefutable presumption rule regarding the penalty calculation periods;and separate daily continuous penalties from initial violation penalties while reconstructing the criteria for determining"refusal to rectify."关键词
按日连续处罚/制度功能/模式选择/适用规则Key words
daily continuous penalty/institutional function/model selection/application rule分类
社会科学引用本文复制引用
任洋,杨佳锐,王社坤..按日连续处罚制度的十年回顾与展望[J].中国人口·资源与环境,2025,35(12):51-62,12.基金项目
国家社会科学基金重大专项"生态环境法典化的中国实践和理论创新研究"(批准号:24ZDA095). （批准号:24ZDA095）
