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按日连续处罚是环保法新修订的内容之一,因其十分严厉而备受瞩目。关于按日连续处罚的法律性质,学界存在着不同的观点。从法制统一的角度,按日连续处罚应属于责令改正的执行罚,其实施应充分注重与现有法律规定的衔接和协调,严格遵循相应的程序规则,加强并完善对其实施的监督和救济,以便最大限度地发挥这一新制度作用。
Continuous daily punishments are one of the new amendments to the Environmental Protection Act, which is attracting much attention due to its severeness. With regard to the legal nature of continuous punishment on a daily basis, academics have different views. From the perspective of the unification of the legal system, the continuous punishment by day should be the enforcement punishment ordered to correct, and its implementation should give full attention to the connection and coordination with the existing laws and regulations, strictly follow the corresponding rules of procedure, and strengthen and improve the supervision and relief of its implementation In order to maximize the role of this new system.