State compensation

In December 2015, a brick factory registered and obtained the right to operate. The scope shown on the business license is to use clay to make bricks. The brick factory has also applied for relevant mining licenses.

In May 2016, the county authorities issued a notice, in accordance with the relevant regulations of Hunan Province, deciding to uniformly suspend production of clay brick product factories and eliminate backward production capacity. Among them, companies that have a great impact on the environment are gradually being eliminated. This is a historical trend.

The notice also stipulated corresponding compensation in the specific implementation plan. In September 2016, after the county competent authority notified the power department to impose a forced power outage on the brick factory, the brick factory refused to accept the shutdown and filed a lawsuit in court. The first trial was in the Intermediate Court, the second trial was in the Provincial High Court, and the retrial was in the Supreme Court, and the case was won.

In this case, there are several points that need to be noted: First, the "Circular Economy Promotion Law" stipulates that the sale and production of clay bricks are prohibited. Anyone who violates the regulations will be ordered to rectify by the county-level competent department; if the production continues, the business license can be revoked. By the end of 2010, all cities will ban the use of clay bricks.

In 2011, in the industrial structure adjustment catalog released by relevant national departments, wheel kilns and vertical kilns with less than 24 doors were also eliminated. According to the above regulations, stopping the production of clay solid bricks is the basic direction of national policy. However, the implementation of the transfer policy must distinguish between different situations and proceed step by step. Legal enterprises and illegal enterprises must also be distinguished in accordance with the law.

Lawyer Ying Ting believes that even those with formalities, relatively complete procedures, and mining licenses will be rectified and shut down according to the law, which is obviously wrong. According to Article 8 of the Administrative Licensing Law, if the administrative license has not expired and the original administrative license needs to be revoked or changed based on the needs of the public interest, the licensor must be compensated.

According to the provisions of the Administrative Enforcement Law, forced demolition is illegal. According to the provisions of the State Compensation Law, compensation should be paid to the plaintiff. Therefore, the Supreme Court corrected the judgment of the first instance and the second instance and won the case.

This legal knowledge does not represent legal advice. If you encounter similar problems, you should analyze them in detail.