Crying when people " development " when catchword, they answer local government call actively, for region economy construction development adds a brick to add tile, get governmental praise and support; When the mainest task that people realizes to environmental protection is the mankind needs to discuss, they became an environment to pollute a problem again " a person adept in martial arts and given to chivalrous conduct back boiler " , in one day is closed, want to worker of a gleam of from enterprise itself " naked " the ground will go, become the victim that the environment administers. This, it is environmental protection " tall danger industry " inside enterprise and employee often want susceptive solemn and stirring destiny.
Close to environmental protection stop (shut) enterprise whether ought to compensatory problem, we had been analysed a lot of times from each levels. Borrow today " satisfactory compensation is obtained after stope of Shandong open air is shut by environmental protection " successful case, will discuss this topic deep again.
One, handle a case sweep past a shadow
The responsibility that company of development of mineral products resource wants to load a zoology to restore to administer in developing a process, organization in local government establishs mechanism of perfect zoology environmental protection below the leader, this is ministry of central environmental protection (now integrated already for zoology environment ministry) all the time since the development that put forward repeatedly and emphasizes produces a principle.
In recent years, be advanced what work as environmental protection stage by stage and what environmental protection job asks is farther rise, a lot of once stope of temporarily local open air became scene " the tear of the times " , in with each passing day the environmental protection superintend and director of pressurization investigates an activity medium or be shut lawfully, remove, or the victim that becomes local government to pursue achievements in one's official career. The company of mining of this open air that Shandong province is located in in this case is among them.
1, stope is closed to stop, the government requests to the compensation of the enterprise however turn a blind eye to
Stope of this open air obtained mining license at managing according to deal with according to law 2008, it is after inside permissive deadline, because the place builds the change and raises with each passing day environmental protection level of the program, the impact that local government considers stope of this open air to arise possibly to circumjacent zoology environmental protection, adopted to this stope shut processing, but did not give this open air stope any removing compensation.
Considering problem of zoology environmental protection, accept lawfully shut new site of processing, additional choose to extract this give no cause for more criticism, but stope of this open air already obtained relevant aptitude and administrative license lawfully before mining works, and cost of much labor power, material resources, financial capacity was thrown in process of mineral products survey and exercise of mineral products exploitation, nowadays local government in mining administration of the change inside permissive period is permitted, cause stope to suffer deathblow and hard susceptive pecuniary loss, but request to the compensation of this stope however turn a blind eye to.
Live to ensure the follow-up of stope likelihood and long-term development, strive for due to close stop remove compensation, begin dimension authority to work after undertaking be communicationed further with respect to details of a case, strive for a gleam of hope that the industry is able to survive.
2, the belongings loss that administration permits fluctuant generation should offer reasonable compensation
Below the help of Beijing office solicitor, stope shut susceptive asset and pecuniary loss to undertake detailed assessment because of environmental protection with respect to oneself. Affirmed oneself lawfully after due compensates amount, in me the guidance of place lawyer falls, stope is in to bureau of natural resources of land of municipal government, city application administration is compensated not below the circumstance of fruit, mentioned to city quadrangle lawfully administration compensates appeal to, request court is sentenced your bureau of natural resources of land of municipal government, city permits modificatory susceptive pecuniary loss to undertake compensating because of administration with respect to stope.
In litigant process, municipal government and bureau of city land natural resources still try shirk responsibility, evade compensation responsibility, find out even " already exceeded legal sue deadline " reason, the compensation with evasive reasonable and lawful stope requests. But basis " top people court permits a case about trying administration the regulation of a certain number of problems " the 14th regulation, stope already was in appeal to forward two executive authorities handed over administration to amend application, and administrative lawsuit mentioned lawfully below the circumstance that did not grant to reply in two executive authorities, condition of the buy before satisfying asks, nonexistent exceed legal the case that prosecutes deadline.
Two executive authorities stem from the public interest need such as environmental protection, the administrative license that already obtained lawfully to this stope undertook change, cancel, basis " administration allows a law " the 8th in clear reliance protects principle regulation, behoove considers the property profit loss that stope permits fluctuant action because of this administration and produces, offer compensation lawfully.
Stope accuses in what put forward in litigant process it is clear to try relevant fact, basis of evidential authentic, law is sufficient, be in finally after course and the rich play chess of two executive authorities and negotiation talk things over, this stope obtained satisfactory compensation eventually, for the long-term development of stope some got bread.
2, analysis of details of a case
The special place of this case depends on, close besides environmental protection stop (shut) besides dot of this one key, stope already was obtained and still permit in the mining inside period of efficacy. So this stope belongs to a model because policy and program are fluctuant,reach public interest to need and close removing case act against one's will.
Reason this, stope undertook the loss of systematization is evaluated, reached the fact is clear about, at the law the compensation that occupy applies amount; Directive stope changes with administrative license to be cut the dot begins dimension authority action to strive for compensation after, inside the shortest time help stope strove for reasonable compensation amount, the case handles special efficient.
Still have in practice a lot of because of " environmental protection " be closed to stop, the enterprise such as field of the farm that shut, mine still is involved violate build, licence expires, annulus judges a license to be short of break wait for a circumstance, there is no lack of among them local government not considers legal laws and regulations to save cost regulation, refus is incorrect be closed to stop (remove) the enterprise has compensatory case.
Because the area is different policy each different, every each case is put in the detail sex issue that can affect dimension power success or failure directly. The company shuts authority stopping dimension to did not surely win machine-madely pattern plate, the enterprise can capture the dimension authority key that these swiftly die urgently to nod only, ability seeks pair of dimension authority way, strive for satisfaction finally for the enterprise, the compensation of full specified amount.
And for the company that faces crisis of life and death to these, exclusive and constant collective point is, even if close because of what the public interest such as environmental protection needs and undertake stop (shut) , ban raise, tear open change, not also cannot consider enterprise itself live, develop and manage a profit.
Environmental protection and economic construction development ought not to sacrifice for each other, compared with how depress closes stop remove the compensation, price that allows an enterprise to give life for environmental protection comes, how to let both the balance that keeps good and mutual stimulative concern just is the task that the person that administer ought to study and considers. For the enterprise live and long-term development, to the interest that should strive for, enterprise must set sb's teeth is striven for, cannot abandon easily absolutely.
