Since last year, under the new wave of environmental storm, irregular enterprises have been shut down, especially in industries with relatively prominent environmental pollution problems. For example, brick factories, ceramic factories, cement plants, farms, mining sites and so on. In May this year, the Central Environmental Protection Inspection Team moved to Hebei, Inner Mongolia, Heilongjiang and other provinces to carry out the first round of rectification work.
Environmental governance is beneficial to the country and the people, but for the local enterprises that have been punished and shut down, facing the environmental protection supervision group can be said to be under great pressure. The main reason lies in: in recent years, there are some places in the process of pollution control work simple, one-sided phenomenon, & ldquo; one-size-fits-all & rdquo; relocation news is also common in the newspapers, one after another illegal relocation, shutdown has brought great losses to enterprises.
Although the Ministry of Environment and the Department of Environmental Protection have repeatedly proposed to prohibit all environmental protection, but all environmental protection has emerged, has become an established event, who will compensate for the losses of enterprises with complete and legitimate documents? Under what circumstances can administrative compensation be instituted? How should the scope of compensation be defined?
Because the enterprise certificate is complete and has been rectified in accordance with the requirements of the government, the enterprise does not exist in violation of environmental laws and regulations, and the government's shutdown notice, resulting in the suspension of production and business, is in fact the withdrawal of the enterprise's administrative license, according to the provisions of Article 8 of the Administrative License Law, the administrative organ withdraws without authorization. If the administrative license that has already taken effect causes property loss, it shall be compensated according to law. According to Article 4 of the State Compensation Law, if an administrative organ unlawfully orders the suspension of production and business, the victim has the right to obtain compensation. Therefore, as long as the enterprise carries out environmental protection rectification according to the law and the government shuts down illegally, the enterprise has the right to receive corresponding compensation.
First, what is administrative compensation and what is the prerequisite for bringing up administrative compensation?
Administrative compensation refers to the legal administrative act carried out by the state administrative organs, which causes damage to the legitimate rights and interests of enterprises, and the administrative organs give certain economic compensation system. 　
Article 14 of the Provisions of the Supreme People's Court on Several Questions Concerning the Trial of Administrative License Cases: & ldquo; If an administrative organ changes or withdraws an administrative license already in force in accordance with Article 8, paragraph 2, of the Administrative License Law, and citizens, legal persons or other organizations only claim administrative compensation, it shall first apply to the administrative organ If the administrative organ refuses to reply within the legal or reasonable time limit or refuses to accept the compensation decision made by the administrative organ, it may institute an administrative lawsuit according to law.
Thus it can be seen that administrative compensation action should be filed with the relevant organs to apply for compensation as a prerequisite.
Two, under what circumstances can enterprises be closed down for administrative compensation?
1. Production facilities may not be built in the core and buffer zones of nature reserves. If the administrative organs have issued production license certificates to the enterprises and their issuing acts are illegal, thus causing losses to the enterprises, they shall compensate.
Due to historical reasons, in order to develop the economy rapidly, the local government allowed a large number of enterprises to engage in production and construction in the nature reserve and exploit mineral resources in this particular historical period. Naturally, according to the first paragraph of Article 32 of the Regulations on Nature Reserves, no production facilities shall be built in the core and buffer zones of the nature reserves. For such a permission act, the relevant department shall compensate the enterprise for the loss caused by the illegal permission.
2. Before the delimitation of the prohibited zones, the existing aquaculture enterprises are not illegal. If they need to be shut down and relocated, they should be compensated.
The Regulations on the Prevention and Control of Pollution from Scale Livestock and Poultry Breeding clearly stipulate that the local people's governments at or above the county level shall compensate those livestock and poultry breeders who suffer economic losses due to the closure or relocation of existing livestock and poultry breeding sites due to the delimitation of forbidden zones. It can be seen that the aquaculture farms that existed before the designated areas were not illegal. If it is found that the act is illegal, then the "Regulations on Prevention and Control" is impossible to make & ldquo; the people's government at or above the county level should be compensated for operators & rdquo; provisions.
In addition, although various localities have formulated relevant protection regulations, as a lower law, the protection regulations can not violate the legislative spirit and content of the prevention and control regulations of the upper law. If the provisions of the Regulations on Prevention and Control can not be made, the act of compensating the farms before delimitation shall be regarded as an illegal act to be punished. To sum up, the people's government at or above the county level shall compensate the farms that have been cultivated for many years before the delimitation of the prohibited zones if they need to close or move the appellant's farms.
3. due to the delimitation of water sources, the legitimate interests of enterprises will be damaged, and the executive authorities should make compensation.
According to the Water Pollution Prevention and Control Law and the Regulations on Pollution Prevention and Control of Drinking Water Source Reserve, the act of declaring and delimiting the drinking water source protection area was organized and implemented after the approval of the provincial government, but its delimitation purpose is still to safeguard the public interest. As the main body of implementing the division of water source protection areas, the administrative organs should compensate for the damage to the interests of enterprises once the division of water source protection areas is legitimate. The Environmental Protection Measures for Drinking Water Sources in Guizhou Province and the Regulations for the Protection of Drinking Water Sources in Guangdong Province have made relevant provisions.
4. Although the act of revoking the effective administrative license by the administrative organ is lawful, it has no follow-up plan and relief channel for the enterprise. If the loss is caused to the enterprise, it should also be compensated.
In order to meet the environmental protection requirements, many enterprises began to expand production capacity in order to obtain the recognition of environmental protection standards issued by the administrative department. This way has indeed made many enterprises get the approval of relevant agencies. However, due to the subsequent changes in the zoning, the local government will immediately withdraw the valid administrative license of such enterprises. Although the act is in conformity with the revocation of the "Decision of the State Council on Certain Issues Concerning Environmental Protection" and other legal provisions, the administrative organ should specify the law of the closure of such enterprises in the notice of closure.If it is simply ordered to shut down or stop the construction without specific solutions and relief channels, the relevant departments should bear the responsibility of compensation for the damages caused by the cancellation of the original administrative act.
5. Although the administrative organ has not revoked the administrative act, it should also compensate for the fact that it has achieved the effect of revoking the enterprise's license by notifying other administrative departments to carry out other administrative acts.
In practice, the local government has not directly made a decision to withdraw and revoke the permissive certificates of mining and sewage discharge. However, for the purpose of closure, the local government often controls the operation of enterprises by notifying the Land Bureau to revoke their mining licenses, notifying the Environmental Protection Bureau to revoke their pollutant discharge licenses, and notifying the quality inspection, taxation, public security and other departments to assist in closing down. Such a series of acts have objectively led to the enterprise being forced to stop production, which in fact constitutes the withdrawal of the relevant permission of the enterprise. The property losses caused to the enterprise shall be compensated by the local government according to the provisions of Article 8, paragraph 2, of the Administrative Licensing Law.
Three, how to determine the specific loss of administrative compensation?
In the judicial process of practice, the determination of the specific amount of administrative compensation is mainly based on the following ways:

Source: Beijing Wu Shaobo law firm, environmental protection new classroom, etc.