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新修订的《中华人民共和国环境保护法》和《中华人民共和国大气污染防治法》已明确授权环保部门查封扣押、移送公安行政拘留等严厉查处手段,这极大地震慑了违法排污企业。然而,基层环保部门在执行这些行政强制措施时,常常遇到被查封的企业擅自撕毁封条、擅自启用已查封的设施设备等情况,对于这些问题如何认定其违法行为?应当依据哪些法律条文进行查处?本文将根据一个案例对此进行释疑。
The newly revised “Environmental Protection Law of the People’s Republic of China” and “Law of the People’s Republic of China on Prevention and Control of Atmospheric Pollution” have clearly authorized the environmental protection department to seize and seize, transfer to the public security administrative detention and other severe investigation and punishment means, which greatly deterred illegal sewage companies. However, at the grass-roots environmental protection departments in the implementation of these administrative coercive measures, often encountered by the seizure of enterprises without tearing up the seal, unauthorized use of equipment and equipment has been sealed off, how to determine the illegal behavior of these issues should be investigated according to which laws and regulations This article will be based on a case to be dismissed.