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“违法成本低,守法成本高”是我国环保法律的致命缺陷。建立“按日连续处罚制”是弥补这个缺陷的有效手段。目前存在着两种模式的按日连续处罚制,即作为行政处罚的英美法模式和作为执行罚的大陆法模式,它们各有其优势和不足。在引进一种新制度时,是否与现有的理论和实践相冲突并不重要,重要的是这种新制度是否能够解决实际问题以及是否有适当的制度和技术背景给新制度提供“用武之地”。
“Low illegal costs, high cost of law-abiding ” is a fatal flaw in China’s environmental laws. The establishment of “continuous punishment system by day” is an effective means to make up for this flaw. At present, there are two modes of daily continuous punishment according to the daily system, that is, the common law mode as the administrative punishment and the civil law mode as the execution penalty, each have its advantages and disadvantages. It does not matter whether the new system is introduced into conflict with existing theories or practices. What matters is whether the new system can solve practical problems and whether there are proper institutional and technical backgrounds to provide the new system with “ Wu place. ”