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Put an end to "shutting down" cherish the "life" of the enterprise

Release Date: 2018-08-01




-- Call for a halt and correction

The administrative act of forcibly "shutting down" or dismantling a small hydropower station




An enterprise is a legal person organization registered and established according to law, a social and economic organization with vitality and legal protection, and an enterprise legal person who enjoys equal legal status with independent "personality" in civil activities and is not subject to improper infringement and interference from relevant authorities or departments。Recently, some places in our country have been forced to "shut down" and dismantle small hydropower stations, which seriously infringes the legitimate rights and interests of enterprise legal persons, and has aroused wide concern from all walks of life。In accordance with the relevant laws and policies of the State, we strongly call for the cessation and correction of illegal administrative acts that routinely "shut down" or dismantle small hydropower stations。

First, promote advantages and abandon disadvantages, so that enterprises can maximize social benefits。

All human activities, especially economic activities, are double-edged swords, the choice is according to the size of the pros and cons, "the two benefits of the right to choose the heavy, the two evils of the right to choose the light", otherwise, human should stop all economic and social activities, waiting for the end and extinction。Small hydropower is no exception,Although there are some shortcomings and deficiencies,However, it has made important contributions in reducing pollution gas emissions, saving coal energy resources, avoiding deforestation, promoting river management, improving the ecological environment, helping remote mountainous areas to find jobs and get rid of poverty, and supporting sustainable economic and social development,The advantages far outweigh the disadvantages。Therefore, the United Nations and other international institutions have repeatedly called for "hydropower development has an irreplaceable role in the sustainable development of the world", and set up an "International small hydropower Center" in Hangzhou, China, and the international community is actively exploring and promoting the sustainable development of hydropower。Therefore, as long as we can treat its existing problems correctly and improve its defects and deficiencies, we can fully play the huge economic and social benefits of small hydropower。

Second, administration according to law, "shutting down" enterprises must be included in the track of the rule of law。

Plants of "closed" enterprises (hydropower stations),It is equivalent to the death penalty of this enterprise.,In today's rule-of-law society where death penalty is prudently used,Regulation of business,It should be encouraged by economic means,Administrative means to guide,Legal means to regulate,Redouble the value of enterprise "life",And can not use "shut down",If it is necessary to "shut down" a legitimate enterprise,Must enter the legal process,And not just by administrative means。

First, small hydropower stations are protected by law。Small hydropower for the production of clean renewable energy,The property rights of the state, collective, private and other rights holders are protected by law,In the Renewable Energy Law, "the State encourages economic entities of all forms of ownership to participate in the development and utilization of renewable energy.,The legitimate rights and interests of those who develop and use renewable energy will be protected in accordance with the law。The State encourages and supports the development and utilization of renewable energy in rural areas ", "The State encourages units and individuals to develop and utilize water resources according to law, and protects their legitimate rights and interests.。The legal rights and interests of the Company shall be protected by law,Inviolability "and other legal protection,It can not be given up for choking because of some defects,Nor can it be due to changes in circumstances and policies,Or there is some conflict with the "Regulations on Nature Reserves" promulgated by the state later,And blindly "shut down" and dismantle these hydropower stations。

Second, the hydropower plants currently in operation have de facto legitimacy。Due to changes in the situation and historical reasons, in accordance with the current requirements and standards of hydropower stations built in the past, there are indeed some problems with incomplete procedures, but in any case, all hydropower stations that have been in operation have de facto legitimacy。

First, for many years, these small hydropower stations have been managed by governments at all levels and departments at all levels, every year into the online electricity plan, everywhere in line with the regulatory requirements of the management department, always pay national taxes, etc., is already recognized by the local government and departments for a long time in fact, legal hydropower stations。Second, small hydropower belongs to the "National Industrial Structure Adjustment Guidance Directory" (2015) of the first category of "encouraged category" of the fourth "electricity", the first "hydroelectric power", is encouraged by the state development, fully in line with the national industrial policy。Third, the state is currently "relaxing access for enterprises.,Strengthen the administrative efficiency reform of the supervision during and after the event,Under the conditions of policies that have eased access,The problem of incomplete procedures for the development of small hydropower stations encouraged by the state is no longer a problem,The key is how to strengthen the supervision during and after the event and improve the follow-up procedures。

Third, forcibly "shutting down" and dismantling small hydropower stations not only violates relevant laws and procedures, but also runs counter to the international trend of vigorously developing hydropower, and is an administrative disorder。First, it is necessary to correctly understand and handle the status and relationship between laws and regulations。Relative to the Nature Reserves Ordinance,The Property Law, the Water Law, the Renewable Energy Law and the Company Law are all superior laws,The level and force of the law is much higher than that of the Nature Reserve Act.,It is not possible to solve the conflicts and contradictions between small hydropower and the Regulations on Nature Reserves,They willfully violate the relevant provisions of these laws。Second, the "shutdown" and demolition of hydropower stations by some local governments and departments is an administrative disorder that lacks responsibility。These places are eager to deal with the contradictions and conflicts between the Regulations on Nature Reserves and hydropower stations,Adopt the method of overgeneralization and seeking perfection,There is no excuse for wanting to make things worse,By forcibly "shut down" and remove small hydropower facilities encouraged by the state and advocated by the international community, which had made a great contribution to our country's energy saving, emission reduction and economic and social development,It's not just a violation of the law,Contrary to the national industrial policy,It deviates from the international trend of clean energy development;It would undermine the country's legal system,Affecting the credibility of the government and departments;At the same time, it will also cause secondary effects and damage to the environment,Waste of energy resources,Affecting the local economic and social development,This is a typical policy rather than legal administrative behavior,It is a serious lack of legal awareness and the spirit of responsibility,It directly damaged the image of the party and the government,It violates the original intention of ecological and environmental protection work。

Fourth, treat small hydropower correctly。For small hydropower that does have defects,The economic means of raising ecological electricity price should be adopted,Encourage small hydropower to transform to green hydropower;At the same time, we should follow the principle of seeking truth from facts,In accordance with the procedures prescribed by law,Correctly handle the contradictions and problems between small hydropower and the relevant regulations, methods and provisions issued by the state and departments。Where there is a conflict with the Regulations on Nature Reserves and it is necessary to make way for the protection of natural species, it shall be resolved according to legal procedures, by means of equal consultation, and according to the laws of market economy。For small hydropower stations that are indeed built without approval and in violation of the plan and have major impacts and contradictions, we must also adhere to the principles of "no crime under the law" and "no punishment under the law under the law", take full account of the historical conditions and reasons at the time, and solve them in accordance with the law and procedures。


Third, protect the legitimate property rights of citizens, and improve the defense and relief mechanism of enterprises in the process of "closure"。

Recently, the "Opinions on Improving the Property Rights Protection System and Protecting Property Rights according to Law" issued by the Central Committee of the Communist Party of China and The State Council clearly stipulates: "Adhere to the error must be corrected, pay close attention to the screening and correction of a number of property rights disputes and complaints strongly reflected by the society, and analyze a number of cases of infringement of property rights.。Appeals of property rights disputes involving major property disposal, illegal appeals of private enterprises and investors shall be screened in accordance with the law, and wrong and unjust cases with unclear facts, insufficient evidence and wrong application of the law shall be corrected and the losses of the parties shall be compensated in accordance with the law。”

In view of the "Opinions" pointed out that "there are still some weak links and problems in the protection of property rights in China: the use of public power to infringe private property rights, illegal seizure and seizure of private enterprise property and other phenomena occur.,最近,The Supreme People's Court announced that the People's courts have retried three major property-related cases in accordance with the law,It reflects the strong determination of the Party Central Committee and The State Council to correct violations of citizens' property rights and protect citizens' legitimate property rights。

因此,The relevant local governments and departments are called upon to promptly stop and correct acts of "shutting down" or dismantling small hydropower stations that infringe upon the legitimate property rights of citizens and legal entities,So as not to cause small hydropower enterprises even if later vindicated,Irreparable, permanent damage and loss that can never be recovered,Affecting the image and credibility of the government。

Relevant local governments and departments should earnestly implement Article 7 of the Opinions of the Central Committee of the Communist Party of China and The State Council on Improving the Property Rights Protection System and Protecting Property Rights according to Law, which stipulates that "improving the government's mechanism of keeping promises and performing commitments" is "necessary to change government commitments and contractual agreements due to national interests, public interests or other legal reasons.,It should be conducted in strict accordance with legal authority and procedures,And the property losses suffered by enterprises and investors shall be compensated according to law "and" the property rights of enterprises and citizens are damaged due to government defaults.,We will further improve the compensation, complaint and relief mechanisms,Open channels for complaints and relief。Incorporate government performance and commitment services into the government performance evaluation system, establish records of government dishonesty, establish and improve the accountability system and liability investigation mechanism for government dishonesty, and increase punishment for government dishonesty.。For small hydropower stations that have been "shut down" or dismantled,The procedure of the law should be strictly followed,Give enterprises the opportunity to defend themselves and redress grievances,Be strict and correct mistakes,Immediate restoration of small hydropower stations capable of generating electricity,Small hydropower enterprises and investors shall be compensated according to law for their losses,We will comprehensively safeguard the legitimate rights and interests of enterprises。