Study On Dynamic Legal Governance Of Environmental Pollution-NIMBY Problem

Since joining the WTO,China’s overall economic development trend of seek improvement in stability,at the same time,because the development of urbanization,urban population increase sharply,lead to the public on the growing material and cultural needs,area of the original public facilities to meet current demand,therefore,the government,the competent department of environmental protection,and some companies started to build some can promote employment,public facilities to satisfy People’s Daily needs.Similar incinerator and other public facilities,however,has its own negative externality and its cause or potential risks to personal and property,with surrounding residents strong resistance behaviors,to make the class facilities or project construction and operation are struggling,"adjacent to avoid problem" properly handle,in urgent need of effective method to control law.The core of this paper is to use "dynamic" thinking to analyze the NIMBY problem caused by environmental pollution,dynamically examine the interaction between legal governance and political,economic,social and other factors,abandon isolated thinking,pay attention to the dynamic review of the process of legal governance,and pay attention to the formulation,supervision and implementation of legal governance rules.It pays attention to the formulation of rules,institutional arrangements and implementation effects in the process of legal governance,and develops corresponding feedback mechanisms.It evaluates,revises and fills the existing legal governance process or governance loopholes,and puts forward a governance plan of "prevention and control,supervision and recovery" on this basis.Therefore,this paper starts with the basic theory of NIMBY problem,and explains the meaning of NIMBY problem and the legal basis of legal governance.It lays a foundation for the "dynamic" legal governance of the environmental pollution problem of NIMBY discussed in this paper.Then it proves the legitimacy of "dynamic" legal governance of environmental pollution NIMBY problem.This paper analyzes the causes of the NIMBY problem caused by environmental pollution in different stages of development,and discusses the legitimacy of dynamic legal governance of the NIMBY problem caused by environmental pollution from the point of view of the original source,laying a foundation for the core proposition and viewpoint of this paper.Exposition at the same time domestic and foreign already relative mature management experience.It can be used for reference from countries that have already had quite complete legal regulation on environmental pollution NIMBY and Taiwan region of China,and get enlightenment from it,and take its essence to provide a mirror for China.On this basis,summed up the environmental pollution of NIMBY problem treatment plan.This part is the core of the article.After the research in the early stage of the article,the solution mechanism of "prevention and control,supervision and recovery" is summarized.It not only focuses on the prevention and control mechanism of environmental pollution NIMBY problem and the treatment methods after aggravation,but also focuses on the recovery plan under the "dynamic" thinking,forming a comprehensive and three-dimensional governance plan.