Research On The Environmental Information Disclosure In The NIMBY Conflict

NIMBY conflict is the inevitable outcome of rapid urban development and citizens’ awareness of environmental rights.It is also an unavoidable practical problem in the modernization drive.Although it can reflect the progress of urban civilization to some extent,the damage caused by NIMBY conflict to urban construction and social development is also obvious to all.Environmental information disclosure is an important system in the field of environmental law.It plays an important role in promoting environmental supervision and maintaining social order,and is an important means of risk communication between the government,enterprises and the public.However,the subjects of environmental information disclosure include the government and the construction enterprises of NIMBY facility,the object of information disclosure is more targeted and the environmental information itself is more complex because it involves more professional terms and data.Therefore,the applicability of the basic and principled provisions of environmental information disclosure in the NIMBY conflict is not strong,which is not only reflected in the legislation,but also reflected in the practice.However,environmental information disclosure plays an irreplaceable role in the construction of NIMBY facilities,which is very important for the governance of neighborhood conflict.Therefore,this paper attempts to conduct in-depth and systematic research on the environmental information disclosure in the NIMBY conflict.This paper takes the environmental information disclosure in the NIMBY conflict as the research object,understands the theoretical basis and necessity of the environmental information disclosure in the NIMBY conflict through the method of case research and comparative research,excavates the existing problems in the environmental information disclosure from the perspectives of legislation and justice,analyzes the causes of the above problems,and tries to put forward targeted suggestions to improve the system of environmental information disclosure in the NIMBY conflict.The first chapter introduces the theoretical basis and necessity of environmental information disclosure in the NIMBY conflict.This chapter discusses the theoretical basis of environmental information disclosure in the NIMBY conflict from two aspects:the theory of environmental rights and obligations equivalence and the theory of interest balance.From the perspective of necessity,the practical significance of environmental information disclosure in NIMBY conflict is expressed.through the improvement of the environmental impact assessment mechanism of construction projects and the realization of effective risk communication.The second chapter discusses the current situation of environmental information disclosure in the NIMBY conflict.In terms of legislation,there is no unified legal standard for environmental information disclosure in the NIMBY conflict,which is mainly applicable to the basic legal standard for environmental information disclosure of construction projects.In practice,the environmental information disclosure lacks a unified standard,the effect of information disclosure is not good,and it cannot fully play its due value function.The third chapter analyzes the legal barriers of environmental information disclosure in the neighborhood conflict from the legislative and judicial aspects.In terms of legislation,it is mainly reflected in the weak applicability of basic laws and regulations and the lack of information disclosure system in specialized laws and regulations;in terms of justice,it is mainly reflected in the lack of judicial regulations on the information disclosure of NIMBY construction enterprises and the inconsistent judicial review standards of information disclosure in the administrative decisionmaking process.The fourth chapter makes legislative improvements from the information disclosure in the planning,location and construction process of NIMBY facilities,and establishes special legal regulations for the information disclosure of specific NIMBY facilities,according to the legal barriers in the environmental information disclosure analyzed above.At the same time,the judicial relief of environmental information disclosure in NIMBY conflict should be improved by strengthening the judicial regulation of information disclosure of NIMBY construction enterprises and establishing the hierarchical review standard of information disclosure in the administrative decision-making process.