Research On Legal Issues Of Public Participation In Resolving Environmental Not-In-My-Back-Yard Conflict

In recent years,with the continuous development of society and the enhancement of citizens’ awareness of environmental protection,the public often show strong resistance to some construction projects that may have an adverse impact on their own living environment,and Not-In-My-Back-Yard conflict happens from time to time.Therefore,how to find an effective solution to the problem from the institutional level has become an emergent matter.Although the causes of Not-In-My-Back-Yard conflict are complicated,the system of public participation,as one of the most closely related environmental systems for the public,is crucial for the solution to Not-In-My-Back-Yard conflict.However,due to the idea of attaching importance to development,despising environmental protection and the government-dominated administrative philosophy,there are many problems for the public to take part in this new way of social governance in concrete system design and practical operation.Public opinion can’t be effectively expressed and affect the decision-making process of facilities construction,which directly led to the public can only choose the collective struggle way to maintain their own environmental rights and interests.Thus,it is the focus of this study to find out the legal problems existing in the current public participation system in our country and point out the countermeasures to perfect it.This text is divided into five chapters.Chapter one mainly introduces the typical instance and conception of Not-In-My-Back-Yard conflict and its emergence as well as development in our country.Chapter two introduces the connotation of public participation in environmental protection,and focuses on the theoretical basis and practical significance of the system of public participation in resolving environmental Not-In-My-Back-Yard conflict.Chapter three mainly studies on the public participation system of America and Japan to solve the problem of Not-In-My-Back-Yard conflict.Chapter four mostly analyzes the problems of the public participation system in resolving environmental Not-In-My-Back-Yard conflict in our country from the legislative level,the specific implementation level and the judicial relief level.The main problem in the legislative level is that there are no special legislative provisions in the aspects of citizen’s environmental rights,project location and environmental propaganda and education.The problems in the specific implementation process are the low degree of public participation,the insufficient participation ability,the imperfect communication mechanism,and the neglect of the prophase prevention.The main problems existing in the judicial remedy system are the imperfection of environmental civil public interest litigation and environmental administrative public interest litigation,which can’t provide effective judicial protection for the public to safeguard environmental rights and interests.Based on the problems pointed out in the chapter four,chapter five puts forward some corresponding countermeasures in the legislative level,the implementation level and the judicial relief level.Strive to help solve the environmental Not-In-My-Back-Yard conflict through the improvement of the public participation system.