On 4 Aug. 2022, China’s Ministry of Ecology and Environment issued the draft “Measures on Administrative Penalties for Ecological Environment” (生态环境行政处罚办法（征求意见稿）, hereinafter the “Measures”) for public opinions through 5 Sept. 2022.
The Measures was promulgated to implement the newly revised Administrative Penalty Law.
China’s Administrative Penalty Law was revised on 22 Jan. 2021 and entered into force on 15 July 2021. Accordingly, the Measures has adjusted the provisions on the types of penalties, time limits for penalties, authorities of administrative organs, and procedures and enforcement of penalties.
Article 9 of the Measures adds new types of administrative penalties, including
(1) disciplinary warning;
(2) lowering the offender’s qualification level or revoking its license;
(3) prohibiting the offender from applying for administrative permits within a certain period;
(4) restricting the offender’s production or business operation;
(5) ordering the offender to suspend production for rectification;
(6) restricting the offender from engaging in specific occupations or industries;
(7) prohibiting the offender from engaging in specific occupations or industries; and
(8) ordering the offender to dismantle facilities within a prescribed time limit.
The Measures also adds provisions on the disclosure of administrative penalty decisions, as well as the conditions for mitigating, aggravating, and rescinding penalties. For instance, Article 44 stipulates that administrative penalties can be rescinded for those who violate the law for the first time or have no mens rea.
Cover Photo by Bournes senruoB on Unsplash
Contributors: CJO Staff Contributors Team