In order to accurately connect with the new regulations of the higher-level law, the Department of Ecology and Environment of Hainan Province has systematically revised the "Hainan Province Ecological Environment Administrative Penalty Discretionary Standards Regulations" and the "Four Lists" of no administrative penalties in the ecological environment field of Hainan Province. The new regulations will be implemented simultaneously with the Ecological Environment Code, promoting the same punishment for similar cases and equal discretion, and solving the problem of "different punishments for the same case and inconsistent standards".
Discretionary matters have been expanded from the original 292 to 517. In terms of discretion standards, differentiated discretion steps are set based on factors such as ecological environment zoning control areas, pollutant discharge permit management categories, hazardous consequences, and duration of illegal activities. New categories such as "Ecological Environment Monitoring and Management", "Radioactive Pollution Prevention and Control", and "Chemical Substance Pollution Risk Control, Electromagnetic Radiation and Light Pollution Prevention and Control" have been added, achieving full coverage of administrative penalties in the field of ecological environment. At the same time, we will comprehensively update the legal basis for all penalty matters to ensure that they are highly consistent with the ecological environment code system.
The list of administrative penalties has increased from 17 to 64, and three categories of standards have been clarified one by one: "no harmful consequences", "first-time violation", and "no subjective fault". Refine the list of 6 statutory mitigating circumstances and 11 mitigating circumstances for punishment. Do not include the administrative mandatory list in the five applicable scenarios, and promote non mandatory law enforcement methods such as persuasion, education, and demonstration.（Outlook New Era）