The Legal Regulation Of "NIMBY" Under The Environment Risk

Since the 1990 s,we have entered a new stage.The "fissures" of social structure,the rapid economic development,the transformation of government functions,the integration of globalization and the anxious social psychology are all the foundation for the "NIMBY".The change of the social structure makes the social rights become more and more prominent,the individuality is obviously enhanced,and the people begin to claim their own interests.At the same time,the rapid development of the economy,the risk of the environmental field is becoming more and more frequent.The anxious people become panic and restless in frequent environmental pollution incidents.When the "NIMBY facilities" with negative externality is built near their home,people’s claim for environmental rights is justified.However,due to the unreasonable system,the public right to know about "NIMBY information",reasonable negotiation mechanisms are not fully guaranteed in the legislation.in practice,these are reasons of "NIMBY" :The government has played dominant role in environmental field,and insufficient of government credibility.In the "NIMBY",the right of the main goal conflict between public interests,government’s economic interests,public interest in the environment,the three are legitimate,but not all can get.This is the reason why "NIMBY" difficult to effectively resolve.Based on this,the solution of "NIMBY" must not only analyze the "right and wrong" of one party,but also the multiple conflicts of the interests of the parties and the irrationality of system design.To regulate it,more attention should be paid to the consultation of the parties and the compensation for the economic interests of the people,effective supervision mechanism,these are specific measures.At the same time,full information for the people,perfect public participation,clear legal boundaries,these are guaranteed in the legislation.