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程序性环境违法行为适用按日连续处罚具有理论与现实的必要性。根据差别化的需求,程序性环境违法行为适用按日连续处罚应采取合理的适用路径。以“立法适用”为基础的路径无法穷尽和预设多样化的程序性环境违法行为。程序性环境违法行为适用按日连续处罚的合理化问题实质上就是“执法适用”的合理化问题,对程序性违法行为适用按日连续处罚的适用路径应作方向性调整,即在明确“立法适用”的前提下转向完善“执法适用”。
It is necessary to have both theory and reality to apply continuous punishment according to the law for procedural environmental violations. According to the differentiated needs, procedural environmental violations should be punished on a daily basis should take a reasonable and appropriate path. Paths based on “legislative application” can not exhaust and presuppose a diversity of procedural environmental violations. The rationalization of procedural environmental violations that apply to continuous punishment on a daily basis is essentially the rationalization of “application of law enforcement ”, and the applicable path of continuous punishment on a daily basis for procedural violations should be adjusted directionally, that is, Legislation apply “under the premise of turning perfect ” law enforcement applicable ".