The Absence, Dislocation and Return of Environmental Policy Adjustment Damage Compensation

Whether it is the withdrawal of chemical companies based on the transformation of industrial structure or the withdrawal of artificial breeding for the purpose of fasting wild animals, the essence is the adjustment of environmental policies in administrative management. The resulting damage compensation has not yet been incorporated into China’s administrative compensation legal system, but only scattered in various policy documents. The absence of regulations has caused different judgments on the nature of compensation for damages caused by adjustments to environmental policies. Administrative expropriation compensation, compensation for withdrawal of administrative licenses, and compensation in the social security system cannot accurately cover this type of compensation. In fact, environmental policy adjustment damage compensation has an irreplaceable function to consolidate the rational basis for communication between environmental governance subjects and integrate social diverse values. It is necessary to exist independently and should be included in the environmental code as the content of environmental administrative procedures.