Study On Decision - Making Power Of Local Major Neighboring Facilities

In recent years, some Local governments have invested a lot of money and energy in some major construction projects of significant value. However, it is a common phenomenon that some citizens do not support some government’s decisions on major construction projects,especially for major NIMBY facilities which has caused countless conflicts. Therefore, local governments always get into decision dilemma on NIMBY facilities.This article is about some thoughts which was triggered by the event of incineration plant happened in Hangzhou this year.Why the government’s decision on building major NIMBY projects was resisted by the masses? How to solve the decision dilemma? How the local People’s Congress exercise the power of decision? From the analysis of the characteristics of the NIMBY facilities, the inner reason of decision-making dilemma lies in different interests between the public and some special groups.The external cause of conflict lies in the unbalance of participation chances on the public policy between local governments and the masses. And the another factor triggered by the external cause is that the masses doubt the legitimacy of decision-making power monopolized by the government. As a result, it can be seen that the relation among democracy, centralization and rule by law,which is uncoordinated in current China’s political development. The characteristic of the three basic elements is that the power of government is over-centralized, but lacking the democracy and rules of law.The total roots of this characteristic lies in the improper governing idea and imperfect of decision-making system.The third plenary session of the communist party of China(18) take the “national governance system and national governance capabilities modernization” as the one of total goals of comprehensively deepen reform.The governance of NIMBY movement is one of important aspect of the total governance. In this place, the participation of local people’s Congress in major INMBY decision-making has some unique advantages. Firstly, it can strengthen legal basis and solve the problem on the defect of rule by law. Secondly, it will rebuild the dialogue platform between local governments and the mass so that we can strengthen democracy in the process of decision-making in NIMBY projects. Last but not the least, the function of local people’s congress can reconstruct the power and responsibility system of decision in building significant NIMBY facilities to overcome the disadvantages of over-centralized local government’s decision-making system.Therefore,the power of decision-making in major NIMBY projects should be exercised by the local people’s congresses. In practice,however, the decision power of the vital item of the local people’s congress was exercised inadequately and did not play its proper role. In view of this, the author designed a system on how local People’s Congress exercise the decision power of NIMBY projects in the last part of this article.