Recently, the Ministry of Ecology and Environment issued opinions on further standardizing the law enforcement of the ecological environment to help optimize the business environment. It is mentioned that enterprises that have found major environmental problems should increase the frequency of daily supervision, impose no penalties on minor illegal enterprises according to law, and give appropriate fault-tolerant space. Opinions
on Further Standardizing the Law Enforcement of the Ecological Environment to Help Optimize the Business Environment The departments (bureaus) of ecological environment of all provinces, autonomous regions and municipalities directly under the Central Government, and the ecological environment bureaus of the Sinkiang Production and Construction Corps:
The following suggestions are put forward to further standardize the administrative law enforcement of ecological environment, optimize and innovate the way of law enforcement, improve the quality and effectiveness of law enforcement, create a legal business environment, effectively safeguard the legitimate rights and interests of enterprises, and serve the high-quality development of economy and society.
First,
under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we should thoroughly study and implement the idea of ecological civilization in Xi Jinping and the idea of rule of law in Xi Jinping, comprehensively implement the spirit of the 20th National Congress of the CPC and the 2nd and 3rd Plenary Sessions of the 20th Central Committee, adhere to integrity and innovation, and strive to build a well-off society in an all-round way. We will continue to promote precise pollution control, scientific pollution control and pollution control according to law, actively explore the unification of law enforcement and service, the combination of keeping the bottom line and promoting development, carry out the progressive law enforcement mode of "popularizing law publicity-education guidance-warning reasoning-administrative punishment-supervision and rectification", and strengthen "active prevention in advance, prudent consideration in the event and guidance after the event". Strictly guard against law enforcement "one size fits all" to provide strong legal support for creating a good business environment.
2. Strengthen source prevention, pay attention to early warning
, take prevention of illegal acts as an important task of supervision and law enforcement, guide enterprises to continuously strengthen risk provention and control awareness, pay attention to self-examination, self-correction and initiative rectification. Explore the use of intelligent platforms to prompt enterprises of illegal risks, and implement point-to-point early warning of potential risks such as expiration of emission permits, excessive automatic monitoring data, and excessive emissions. For the universal and typical problems found in the case, timely risk reminders should be given to enterprises in the same industry to guide enterprises to strengthen prevention from the source and eliminate hidden dangers of illegal activities.
3. Do a good job of law popularization guidance, guide enterprises to abide by the law
, regard law popularization as an important prerequisite for supervision and law enforcement, explore innovative ways of law popularization, implement directional and precise law popularization for different types of enterprises, and guide enterprises to know and abide by the law. Enterprises are encouraged to independently carry out "physical examination", explore "appointment" law enforcement services, promote the cultivation of enterprise compliance culture, and promote green transformation and upgrading. Enterprises with high management level and strong willingness to abide by the law should be included in the positive list of supervision and law enforcement, and positive incentives such as on-site exemption, control exemption and green finance should be implemented. Enterprises are encouraged to obtain learning points and explore the leading role of learning methods in reducing penalties.
4. Strengthen scientific and technological empowerment, promote precise law enforcement
, continuously strengthen the construction of digital intelligence platform, actively use big data, big model AI, IOT perception and other technical means, accurately screen problem clues, realize the transformation from "human sea tactics" to "intelligent law enforcement", from "civil air defense first" to "technical defense first". Vigorously promote off-site and senseless law enforcement, accurately identify and lock problems, accurately determine the object and scope, avoid simple and extensive governance, and reduce indiscriminate and pull-net investigation. It is strictly forbidden to do nothing or act slowly in peacetime, and to enforce the law "across the board" in a hurry, so as to prevent indiscriminate the maximum penalty, as well as indiscriminate "one penalty" and "one closure".
5. Standardize the inspection of enterprises involved, restrict law enforcement actions
, strengthen the coordination and overall planning of on-site inspection, scientifically formulate inspection plans according to the list of powers and responsibilities, realize "one check" at a time, promote the inspection of the whole process, all elements and all links, and reduce multiple inspections and repeated inspections. Carry out administrative inspection according to law, strictly implement law enforcement procedures, and comprehensively standardize the law enforcement process. Make full use of the law enforcement recorder to realize the traceable and traceable management of the whole process of law enforcement. We will implement the code of conduct for ecological environment law enforcement personnel, promote strict, standardized, fair, civilized and honest law enforcement, and strictly prohibit arbitrary law enforcement, rough law enforcement, selective law enforcement and profit-seeking law enforcement.
6. Highlighting the key points of law enforcement, adhering to the principle of combining leniency with strictness
, focusing on improving the environmental quality of key regional river basins, focusing on the prominent environmental problems strongly reflected by the people, and scientifically allocating law enforcement resources. Grasp the main contradictions, focus on key regional river basins, and severely punish serious illegal problems such as fraud, illegal discharge, unlicensed discharge, excessive discharge, abnormal operation of pollution control facilities, and failure to implement measures to control and limit production in heavily polluted weather. Enterprises that have found major environmental problems should increase the frequency of daily supervision, impose no penalties on minor illegal enterprises according to law, and give appropriate fault-tolerant space.
7. Unify the discretion benchmark, promote excessive punishment
, improve the administrative penalty discretion benchmark system, strictly regulate the exercise of discretion, unify the standards and standards of law enforcement, promote the realization of the same punishment for similar cases, and maintain the market order of fair competition. Scientifically refine and quantify the list of items such as no, no, mitigation, lighter and heavier punishment, regularly sort out and publish typical cases, and strengthen the application of guidance. The legal system and objective reality should be taken into account as a whole, and the public's personal feelings should be fully taken into account to ensure that excessive punishment is commensurate and legal principles are compatible.
8. Strengthen flexible law enforcement, embody the temperature
of law enforcement, adhere to the combination of education and punishment, service and management, comprehensively use persuasion education, persuasion demonstration, guidance interviews and other ways, explore innovative apology commitment, voluntary service, learning points and other systems, and actively guide enterprises to abide by the law. We should carry out flexible law enforcement and prudently take measures to seal up, detain, restrict production and stop production. Carry out the whole process of reasoning law enforcement to improve the persuasion and credibility of law enforcement. If it is really difficult for the party concerned, it shall be approved to postpone and pay the fine in installments according to law.
9. Pay attention to rectification after punishment and improve the effect
of law enforcement. When imposing punishment, the party concerned shall be ordered to correct the illegal act or to correct the illegal act within a time limit, and shall not be managed by punishment. Those who are not punished for minor violations shall fulfill their educational obligations to the parties concerned, guide them to correct their illegal acts in a timely manner, and ensure that they are not exempted from punishment. Establish and improve the system and mechanism of rectification and verification after punishment, supervision and service, track the progress of enterprise rectification, help enterprises to solve difficulties, and guide enterprises to operate in compliance.
10. Strengthen team building, establish a good image
, strengthen the inspection of ecological environment administrative law enforcement, implement hierarchical supervision and internal error correction, and promptly rectify the problems of lax, non-standard, opaque, uncivilized law enforcement, inaction and disorderly conduct. We should guard against formalism and bureaucracy and pay attention to reducing the burden at the grass-roots level. Through the combination of positive incentives and reverse constraints, we should constantly standardize law enforcement behavior, improve the level of law enforcement, improve the quality of the team, and effectively enhance the authority and credibility of ecological environment law enforcement. General Office
of the Ministry
of Ecology and Environment January 23
, 2025