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在环境污染备受关注、环境法修改完善、环境执法加强的背景下,同案不同罚的情况却屡有发生。因《查封扣押办法》第23条第2款未与《治安管理处罚法》相衔接,导致擅自损毁封条等环境违法行为的处罚缺乏统一标准,法律责任不明。无论从理论上分析其合理性,还是总结执法经验,擅自损毁封条等环境违法行为,应当与阻碍执法、隐藏、转移、变卖或损毁行政执法机关依法查封的财物行为的处罚相当。可以先通过行政解释,由公安部就《治安管理处罚法》第60条规定的妨害行政执法活动行为作出细化解释,或直接由环境保护部与公安部联合修改规范性文件对该行为予以明确,以更好地指导环境执法实践。然《查封扣押办法》第23条第2款与法律的衔接问题最终必须通过修改立法的方式进行解决。
In the context of the concern of environmental pollution, the revisions of the environmental law and the strengthening of environmental law enforcement, cases of different fines in the same case have occurred frequently. Due to the fact that Article 23 (2) of the “Sealing and Seizure Measures” is not connected with the “Law on the Administration of Public Security Administration Punishment,” there is a lack of uniform standards of sanctions for environmental violations such as unauthorized damage to seals, and the legal liability is unknown. Whether it is rationally analyzed or the experience of law enforcement and the unauthorized destruction of environmental illegal seals such as seals should be punished in the same way as the obstruction of law enforcement, concealment, transfer, sale or damage of the property seized by law enforcement authorities according to law. Through the administrative explanation, the Ministry of Public Security can elaborately explain the behavior of obstruction of administrative law enforcement activities stipulated in Article 60 of the Law on the Administration of Public Security Administration, or clarify the action directly by the Ministry of MEP and the Ministry of Public Security jointly modifying the normative documents , To better guide environmental law enforcement practice. However, the issue of the connection with the law of Article 23, paragraph 2, of the “Measures for Sealing up Seizures and Detention” must eventually be solved by amending the legislation.