| Since the reform and development,along with the rapid development of urbanization,China’s social development has entered a period of transition where contradictions have become prominent,which brings many new problems and challenges.Due to public awareness of environmental protection,citizens have higher requirements on the quality of their living environment.Because the negative effects of NIMBY facilities often cause harm to the people around the facilities,the public has a strong resistance to the construction of NIMBY facilities around their homes.Since the mass protests against the PX project site construction in Xiamen in 2007,NIMBY conflicts arising from the boycott of the location selection of NIMBY facilities have gradually increased.This has seriously eroded the foundation of social stability.In order to maintain social stability,the government is often forced to stop site construction of NIMBY facilities.This short-sighted approach has made it more difficult for NIMBY facilities to be sited,and ultimately damaging the credibility of the government and hindering economic development and social progress.Every year in China,a large number of NIMBY conflicts have arisen because of the location of NIMBY facilities.However,there are very few legal norms governing the selection of NIMBY facilities.The location problem of NIMBY facilities is often easy to develop into NIMBY conflicts,and the improvement of relevant legislation is an important means to solve the problem of nimby.With regard to the location of NIMBY facilities,western developed countries have formulated relatively complete legal norms.However,in contrast to the legislation of our country’s NIMBY facilities,there are problems in the existing legal regulations such as difficult site selection,lack of specific legal norms,and related institutional deficiencies.Therefore,in order to deal with NIMBY conflicts,China should improve the relevant legislation on the location of NIMBY facilities,and rationally design legislative principles,legislative models,and related systems to meet the needs of social development.In view of this,the thesis is based on the existing problems in China’s existing legal norms regarding the location selection of NIMBY facilities,combined with the legislative experience of Germany on the location of NIMBY facilities,and it first clearly clarified the legislative principles that should be established in the selection of NIMBY facilities in China.Namely: Procedural Justice Principle,Information Disclosure Principle,Public ParticipationPrinciple and Balance of Profits and Losses Principle.Through the procedural fairness to ensure information disclosure and adequate public participation in the process of locating NIMBY facilities,and to compensate for possible damages caused by the surrounding people in the site selection of NIMBY facilities as a principle of filling.It is hoped that through the establishment of these principles,we will better guide the improvement of the legislation on the selection of NIMBY facilities in China.At the same time,based on the immature reality of China’s law enforcement research on the address selection of NIMBY facilities,we propose a special legislative model combining the basic law and the single-line method for the location selection of NIMBY facilities in China.Finally,the relevant important systems for the address selection of NIMBY facilities were also discussed,including the promotion of risk communication systems the siting of NIMBY facilities,the deepening of the public participation system for the location of NIMBY facilities,and the improvement of the damage compensation system and conflict response system for the location of NIMBY facilities,which are expected to resolve the problem of location selection of NIMBY facilities in China. |
