A Study On The Right Protection Of The Weak Under NIMBY Conflict

NIMBY conflicts are have emerged along with social progress and urban development,reflecting the growing need of the public for a good environment.NIMBY conflicts are caused by the unfair distribution of environmental benefits,and the benefits of NIMBY facilities are shared by most people in the area,while the burden is borne by a few residents nearby,which is obviously against the value of fairness and justice.For the sake of "least resistance" principle,the NIMBY facilities are usually built in remote and backward suburban areas.Under the closed decision-making mode of the government,the residents nearby are forced to bear the disproportionate environmental burden without their knowledge.In terms of benefit distribution and expression of rights,residents who are near NIMBY facilities are in a relatively weak position to defend their legitimate rights and interests.An equal society should respect and protect the rights of the weak,and the interests of the majority of society should not be achieved at the expense of the minority.Based on the interests of each subject and the specific division of the conflicts of interest,we point out the inequality in the distribution of power and the measurement of interests in the NIMBY conflict,and take the environmental justice theory as the starting point and the anchor point for the protection of the rights of the weak.Through the analysis of the crux of insufficient protection of the rights of the weak in the NIMBY conflicts and the governance experience of the developed countries,we provide new ideas for the solution of the dilemma of NIMBY conflicts from the aspects of substantive rights protection,procedural rights protection and reasonable restraint of public power.To firmly uphold environmental justice and build a social distribution system that protects the rights of the weak is the fundamental solution to strengthen democratic environmental decision-making and to resolve conflicts of interest and social conflicts arising from environmental issues such as NIMBY conflicts.