Research On NIMBY Dilemma And Its Legal Response

With the development of urbanization,people’s livelihood has been significantly improved,and increasingly more people begin to pay much concern on the ecological environment they are living in.NIMBY facilities,though to some extents are able to meet people’s need,still they have potential environmental risks.For this reason,residents living around NIMBY facilities have boycotted the construction of NIMBY facilities.Especially in recent years,NIMBY movement has shown a growing trend.In present study,an attempt is taken to analyze the essence of NIMBY’s dilemma through combing several typical cases,which is the conflict of interest and interest game among the government,enterprises and the public.For the three parties,the government development goal,the enterprise economic goal and the public environmental rights and interest goal constitute the interactive relationship of stakeholders that restrict each other.The reality of NIMBY’s problem is not smooth,which is mainly because there are still some deficiencies in the following aspects.From the perspective of the public,the links of public participation are not smooth,the ways of safeguarding rights are irrational,and the legitimate demands of the public cannot be effectively solved;From the perspective of the government,the government’s information disclosure system and interest compensation measures are not in place,the arbitrary control mode is not suitable for social development,and there are also problems in the site selection legislation and follow-up operation of NIMBY facilities.From the perspective of the enterprise,the information disclosure of the enterprise is absent,the risk prevention is not in place,and there are also illegal operations in the construction and operation stages of NIMBY facilities.The combination of these factors makes it impossible for the three parties to negotiate in an effective way,and their contradictions cannot be efficiently solved,which would eventually lead to NIMBY mass incidents.NIMBY dilemma is concerned social governance dilemma.Such a special phenomenon is caused by different interest demands among parties like governments,enterprises and the public,particularly the defects existing in the practical operation of the three parties.On this basis,in order to solve the NIMBY dilemma,it is supposed that the balance of interests among the three parties should be concerned as the starting point,and the defects existing in the practical operation of the three parties,the writing thinking.In addition,effective legal countermeasures should be put forward in this case.However,If only the relevant situation is analyzed from the perspective of one party,it would probably lead to one-sided results and cannot well govern the NIMBY dilemma.Therefore,from the perspective of the public,we should give full play to the leading role of citizens in NIMBY issues,improve the effective public participation procedures for NIMBY facilities EIA,and ensure that citizens can effectively participate in it.Besides,from the perspective of the government,it should ameliorate the mechanism of information disclosure and benefit compensation,construct a participatory governance mode,attach importance to the legislation of NIMBY facilities site selection,strengthen the early warning and supervision mechanism of NIMBY facilities throughout the process,and ensure that the government provides effective institutional and legal support for the governance of NIMBY’s predicament.From the perspective of enterprises,they should raise their awareness of self-supervision,establish NIMBY risk transfer mechanism,improve risk prevention mechanism,and set up special risk compensation funds to ensure that enterprises can pursue economic benefits while also taking into account the fulfillment of social responsibilities.Finally,in line with the concept of co-construction,co-governance and sharing,From the perspective of the government,enterprises and the public,Through the establishment of an effective environmental risk communication and environmental consultation system,the establishment of a new cooperative relationship of multiple governance,to ensure that the three parties can realize effective interaction,communication and consultation on the basis of equality,and to think about problems from each other’s perspective,thus resolving conflicts between each other and achieving mutual benefit and win-win situation for the three parties.This provides a good governance idea for the effective solution of NIMBY’s dilemma and the construction of a harmonious modern country ruled by law.