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How to compensate for the environmental closure or relocation of pig farms?
It should be said that environmental improvement has intensified in recent years, including the closure of some small and medium-sized polluting industries. What are the key issues that need to be discussed properly? I think the closure and relocation of enterprises caused by environmental problems should be discussed from four aspects. Frankly speaking, the problem of how to compensate for the closure of polluting enterprises is still lacking in law, but it should be viewed from the economic level and the existing initiative to develop small and medium-sized enterprises. 1. At the legal level, small and medium-sized enterprises must have a legal basis to close down. At present, the laws implemented in China, such as People's Republic of China (PRC) Environmental Protection Law, People's Republic of China (PRC) Air Pollution Prevention Law and People's Republic of China (PRC) Water Pollution Prevention Law, will lead to the closure of small and medium-sized enterprises. For example, chemical plants, aquaculture near water sources, coal, steel and other industries that cause air pollution or smog are all caused by environmental protection, and polluting industries must be closed. First of all, there must be a basic basis for the upper law. As an environmental protection law enforcement unit, people have the right to shut down. At present, people's governments at the township level often implement closure measures, including relieving Beijing's non-capital function. Legally, the closure and shutdown must first be based on the superior law, and secondly, the losses caused by closure and shutdown should be considered. Of course, it should be discussed properly in this respect, because it does not meet the relevant provisions of the environmental protection law, and shutting down is an administrative punishment measure. It does not mean that the damage caused by a specific administrative act should be properly compensated or compensated, because administrative compensation is not involved. What needs to be added is that People's Republic of China (PRC) Environmental Protection Law, People's Republic of China (PRC) Air Pollution Prevention Law and other relevant laws and regulations do not require all enterprises to shut down directly. Sometimes, power rationing, production restriction, fines, suspension of business for rectification or one-time closure will be implemented, and there is also a progressive legal relationship in this respect. Just like Article 64 of the Urban and Rural Planning Law, if a construction project planning permit is not obtained or is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed. Sixty-fifth in the township and village planning area, if the rural construction planning permit is not obtained according to law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township and town people's government shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be cleared. 2. Does the failure of enterprises at the operational level have a great impact on their operations? Is there any arrangement for its production and operation? Is there sufficient policy basis? For example, the wholesale market of Beijing Zoo and the relocation of Dahongmen are all moved to established places, which provide a good objective business environment for their subsequent survival and development, and the management should support them. However, there is still no perfect system to support the management level in the environmental pollution industry, including the secondary treatment of environmental protection and various support policies. 3. Feasibility: Whether industry and industry can be deeply integrated and meet the objective conditions of environmental requirements to resume production and operation is a basic feasibility problem and also a problem that needs to be discussed. Needless to say, the social situation, the current social situation, smog, water pollution, food safety and so on led to the closure of this polluting industry. It is the general trend and an unchangeable social situation. Enterprises mainly fully understand this aspect. It is inevitable for enterprises to close down or shut down. However, from the point of view of the loss of production and closure and the compensation of land and factory buildings, business owners should put forward their own subjective opinions, put forward their own opinions on the basis of reasonable and legal policies, and conduct actual negotiations and discussions with the government subjects that closed down or shut down.