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国内严峻的环境和资源保护形势以及国际激烈的气候谈判决定了我国节能减排应具有长期性和稳定性。作为保障法律义务履行的一种手段,行政强制执行在我国节能减排管理实践中已有较为广泛的运用。从产生能源资源浪费和高碳排放的基本要素来看,现行的行政强制执行还存在适用对象较狭窄、种类不够多样化等问题,这会严重影响行政强制执行在节能减排领域应有作用的发挥。就行政强制执行的完善而言,则主要包括将公民个体纳入行政强制的对象范围、增设非财产性的资格限制类执行罚以及完善公布违法事实的行政强制执行方式等内容。
The severe domestic environment and resource protection situation as well as the intense international climate negotiations have determined that China’s energy-saving emission reduction should have long-term and stable effects. As a means of guaranteeing the fulfillment of legal obligations, administrative enforcement has been widely used in the practice of energy conservation and emission reduction management in our country. Judging from the basic elements of waste of energy resources and high carbon emissions, there are still some problems of the current administrative enforcement such as narrower scope and diversified categories, which will seriously affect the important role of administrative enforcement in the field of energy conservation and emission reduction Play In terms of the improvement of administrative enforcement, it mainly includes the inclusion of individual citizens in the scope of administrative coercion, the enforcement of non-property eligibility restrictions and the improvement of the administrative enforcement methods of publishing illegality.