Research On Public Interests Demand And Legal Regulations Of “NIMBY Movement”

As the gradual deepening of China’s industrialization and modernization process, more and more people realize the importance of living environment while theirs’ living standards gradually rising. They may be reluctant to allow “NIMBY facilities” which would bring a lot of serious physical and psychological negative impact built around their homes. In 2007, Xiamen citizens walked around the city to against the PX project in the region, and thus, the voice of public opposition to the construction of “NIMBY facilities” is increasing frequency.With the further development of China’s economic construction, the public will be more emphasis on environmental issues, and countries’ “NIMBY movement” will be springing up, gradually increased. Stop blindly building “NIMBY facility” will lead to the plight of economic and social development.Historically, due to the different body and closed channels of communication between the different stakeholders, government decision-making model for risk perception is not smooth, lack of information sharing mechanism, since the 1980 s, “NIMBY movement” since the United States began to sweep global. In recent years, because of our national planning and policy-oriented issues, the negative impact of the Internet for public access to information, the relief channel is not smooth, coupled with serious corruption in some areas, the domestic “NIMBY movement” intensified, the experts believe that China has entered the “NIMBY movement” era.From the point of view of legal logic, “NIMBY movement” is one way of expressing the public interest demands, and this interest demands belongs to environmental rights and benefits appeal. Environmental rights and benefits appeal consists of environmental rights and environmental benefits, which are protected by both civil law and environmental law. Meanwhile, the rights of access to environmental information, environmental participation, environmental supervision and environmental relief recourse ensure the pathway of the “NIMBY movement.However, the “NIMBY movement” interest demands within the framework of the law needs to be achieved. Take environmental benefits into consideration, it must be environmental rights and benefits protected by public law, or at the same time in line with scientific research confirms, common sense and the principles of fairness and justice; while the environmental rights and benefits protected by private law must be above the harmless environment, under the obligation of toleration before to be protected. Besides, at the time expressing environment interests, people must ensure its legality and legitimacy cannot go beyond the boundaries of the law.Although the regulations of “NIMBY movement” are perfect from the view of legal logic, but combined with China’s reality, there are many loopholes. On the legal inherent regulatory pathways, firstly should clear the protection methods of environmental rights and benefits by law, establish the environmental rights and benefits’ boundaries; Secondly, we should broaden the public environmental participation channels, improve the judicial protection of environmental rights and benefits, in particular public interest litigation; Thirdly appeal should be standardized by modifying the appropriate laws and regulations for the “NIMBY movement”. Meanwhile, on the external regulatory pathway, the scope of the government’s administrative power should be defined, to ensure the power consistent with the law; for enterprises should be strictly regulated, and increase the penalties for illegal enterprises under the new “Environmental Protection Law”.