A Company V.XXX Environmental Protection Bureau Administrative License Compensation Case Analysis

The case of xx metallurgical building materials company v.xx municipal environmental protection bureau of administrative compensation is an environmental administrative lawsuit in the stage from imperfect to relatively sound legal system of environmental protection in China.This paper focuses on the controversial focus of the case:one is whether the litigation of a company has passed the prosecution period.The second is whether there is causal relationship between the defendant's administrative act and the loss of a company.The third is how the defendant assumes the responsibility for the loss of a company.In-depth analysis of the legal rationale behind the focus:one is a company's lawsuit has passed the prosecution period.In this case,the administrative lawsuit filed after a lapse of 14 years has already exceeded the general limitation of action.However,based on the administrative compensation lawsuit filed later,the lawsuit started counting according tothe reply of the administrative organ and entered the trial procedure smoothly.This is obviously contrary to the fundamental purpose of establishing the limitation system in the administrative procedure law of our country.Second,there is no causal relationship between the defendant's administrative act and the loss of a company.During the period of existence,a company not only failed to implement the "notice of suspension of construction",but also sought to evade the policy,reported to the government department for approval to expand the capacity,and confirmed that it could continue to produce through the coordination of the municipal government meeting.After the conflict with the surrounding people in May 2005 completely shut down.That is,a series of losses of a company are not caused by the specific administrative act of "stop construction notice" issued by the municipal environmental protection bureau,so there is no causal relationship between the two.Third,under the assumption that a company's loss related administrative organs should bear the corresponding administrative compensation and administrative compensation liability.Assuming that this case does not exceed the time limit for administrative litigation,the municipal environmental protection bureau shall bear the administrative compensation liability for part of the losses before the suspension notice is issued,and the municipal economic and information technology commission and the municipal government shall bear the administrative compensation liability respectively from the latter stage to 2005,in addition to the losses caused by private expansion of production capacity.It can be seen that in the process of legalization in China,administrative organs should take the initiative to play the role of balancing public interests and personal interests,and realize the protection of trust interests by publicizing the remedy approaches of administrative counterparts,preventive remedy in advance,active compensation after accumulation,compensation and other ways.