| Since the reform and opening up,China’s productivity has been developing rapidly.The economic level has been continuously improved,and the country has made great achievements in the development of urbanization.However,the contradiction between the material spirit demand brought by the modern industry and the related project to the surrounding environment may be aggravating.On the one hand,residents want to enjoy the public services brought by all kinds of NIMBY facilities.On the other hand,they are unwilling to bear the reality or potential risks of NIMBY facilities.This has led to a large number of NIMBY conflicts in China in recent years.The inappropriate handling of the neighborhood incident will easily turn it into a group incident.It may increase causes of social instability.The prevention and coping strategies of NIMBY phenomenon in China tend to focus on external regulation of administrative power and lack of internal regulation and prevention of environmental law.This is an important reason for the frequent occurrence of NIMBY incidents in China.Therefore,this paper starts from the Angle of environmental law regulation,based on the analysis of the causes of China’s NIMBY events and the environmental laws and regulations of China’s NIMBY phenomenon,then demonstrate the inadequacy of our system in preventing NIMBY and put forward corresponding solutions.With improving the legal system we can prevent NIMBY conflicts and promote the peaceful settlement of NIMBY incidentsBesides introduction and conclusion,this paper is divided into four parts:The first part,the basic concept of NIMBY phenomenon.The basic theory concept of NIMBY phenomenon is the basis of the analysis of environmental law regulation strategy.First of all,the concept of NIMBY is defined based on the analysis of neighborhood phenomenon by relevant scholars at home and abroad: Local people resist the social phenomenon of public facilities that provide public services to the public based on concerns about the possible adverse effects of public facilities.Secondly,according to the definition of the concept of NIMBY phenomenon,the "expected loss--uncertainty" dimension generally accepted by the academic community to classify the NIMBY event.Finally,the paper explains the important influence of NIMBY phenomenon on national development,residents’ life and social stability,and points out the important role of law regulation on NIMBY events.The second part,the present situation and causes of the phenomenon of neighborhood avoidance in China.Compared with foreign NIMBY phenomenon,the phenomenon of NIMBY in China has the characteristics of aggregation,multiplicity and complexity.In recent years of NIMBY events,the expression of the opinions of the NIMBY residents tends to be rational.From the perspective of academic research,the problem of NIMBY is getting more and more attention from scholars.From the perspective of legal norms,the prevention and settlement of NIMBY events is not infeasible,which is a positive aspect of the development of NIMBY phenomenon in China.But we should know that the NIMBY incident in our country still happens and it is always difficult to break out of the "construction--objection--stop construction" cycle.This is where our country should be vigilant against NIMBY.The reasons for the formation of NIMBY events in China are complicated,and the interest game process caused by different interests among residents,governments and enterprises is the root cause of the formation of NIMBY events.Besides the root causes,the lack of communication channels between government and residents,environmental risks brought by technological development,and national policies will have an impact on NIMBY phenomena.The third part,the analysis of the current situation of environmental law regulation in China.China has no special law to deal with NIMBYism.In legal practice,the prevention,treatment and relief of NIMBY events are mainly based on the relevant legal provisions of each department law and relevant judicial interpretation and implementation rules.It is an important way to improve the legal regulation strategy of NIMBY in China to rationalize the legal items to be followed in dealing with NIMBY and the legal basis for the regulation of NIMBY.It is the basic method for the peaceful settlement of NIMBY events in accordance with the law to achieve social harmony and stability.At present,the legal regulation of NIMBY phenomenon in our country is improving,but there are still some shortcomings.However,there are still some problems such as the lack of environmental risk prevention law,the lack of public participation,the difficulty in the implementation of information disclosure,the lack of compensation for benefits,and the single issue of relief channels.It needs the legislature to improve the relevant laws.The fourth part,our country NIMBY phenomenon environmental law regulation consummation.In the process of coping with NIMBY phenomenon,there are still many deficiencies in our legal regulation.We Should strive to promote the traditional decision thought to the modern transformation of thinking,to strengthen the construction of environmental risk prevention mechanism,promote the improvement of the public participation mechanism,establish a multi-agent information disclosure mechanism,promote the legalization of interest compensation mechanism,to optimize the afterwards relief way,through the establishment of a sound system of laws related to preventing adjacent to avoid conflict and promote peaceful solution from the event. |
