Study On The Calculation Of Interest In The Case Of Administrative Compensation For The Withdrawal Of Mining Permit

In the first part of the article,we analyze that interest in the case of administrative compensation for mining permit withdrawal is essentially a capital occupation fee rather than a private lending interest in the general sense,and has the functions of urging the administrative organ to perform its obligations in a timely manner,punishing the administrative organ for inaction,and compensating the loss of the relator.With the help of empirical research method,we analyzed the judicial status of interest calculation in the case of administrative compensation for mining permit withdrawal,and found that the controversies of interest calculation in judicial practice include whether interest belongs to the actual loss caused by mining permit withdrawal,what calculation standard is used for interest calculation,how to determine the principal amount of interest and the starting and ending time of interest calculation.The specific disputes are as follows: for the question of whether the interest belongs to the actual loss caused by the withdrawal of the mining license,some courts supported that the interest belongs to the actual loss,while some courts held a negative attitude;for the question of the standard of interest calculation,some courts used the deposit rate of the People’s Bank to calculate,while some courts used the quoted interest rate of the loan market to calculate;for the question of the principal range of interest calculation,some courts held that the principal range was determined based on the special For the issue of the scope of the principal amount of interest calculation,some courts considered that the scope of the principal amount was determined based on the standard of the award funds,some courts considered that the scope of the principal amount was determined based on the evaluation report,and some courts determined the scope of the principal amount of interest calculation at their discretion;for the issue of the starting and ending time of interest calculation,some courts counted the date when the administrative organ issued the closure notice,some courts counted the date when the mine was actually closed down,and some courts determined the starting and ending time of interest calculation at their discretion.After summarizing the practical points of interest calculation in the case of administrative compensation for withdrawal of mining permit according to judicial precedents,we put forward some views on how to deal with the practical points of interest calculation.Firstly,it is clear that interest belongs to the actual loss of mining permit withdrawal,and the legal basis of supporting interest belongs to the actual loss of mining permit withdrawal from the perspective of fairness and protection of reliance interests on the one hand,and supporting the reasonable necessity of supporting interest from the perspective of substantive law and typical cases on the other hand;secondly,with regard to the standard of interest calculation,it is suggested that the market interest rate of loans should be used uniformly for the consideration of protecting the interests of the relator.Secondly,with regard to the standard of interest calculation,it is suggested that the market interest rate of the loan should be used to calculate interest for the sake of protecting the interests of the relator.The court may determine the time from which the interest should be paid.