 Environmental Policy and Compensation in China: An Empirical Analysis of Article Eight of the Chinese Administrative License LawJames Si Zeng Journal of Environmental Law, 2022, vol. 34, issue 2, 287-305 Abstract: In the past few years, China has implemented environmental policies that negatively affected the property interests of numerous private enterprises. This article offers the first systematic analysis of how China compensates enterprises for losses caused by the implementation of environmental laws and policies. It generates descriptive statistics on the characteristics of the compensation cases and finds that in a majority of the cases, the court allowed the government to set compensation below the value of the enterprise’s investment. Statistics also show that China offers weaker protection for private enterprises against newly adopted environmental policies compared to other types of rules or policies, allowing the government to close highly polluting enterprises with relatively low compensation. This article then offers an explanation of the courts’ approach and considers whether Chinese courts achieve an appropriate balance between property protection and policy flexibility. Keywords: Chinese Administrative License Law; legal transition; environmental policies; compensation (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:oup:envlaw:v:34:y:2022:i:2:p:287-305. Access Statistics for this article Journal of Environmental Law is currently edited by Sanja Bogojević More articles in Journal of Environmental Law from Oxford University Press |
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