Study On The Problem Of "NIMBY" With Environmental Law Path

The 21 st century is the century city, with the accelerating urbanization. Government departments in order to promote economic development, promote social service and convenient public life and the construction of large projects or public facilities. Some special public facilities such as waste plant, funeral home, nuclear power plant because often produces negative external effects have been to the nearby residents oppose and boycott, called from the neighboring facilities. As the citizens’ environmental protection consciousness awakening and the improvement of living environment and quality requirement, triggered a "not in my backyard" adjacent avoidance behavior.Under the efforts of scholars, to avoid definition, characteristics, build the basis of the research, the results of this study to avoid provides ideas and methods to resolve the problem. But there is still a basic theory of adjacent avoidance behavior research depth is insufficient, lack of related concept and logical relation theory, the study on the governance of adjacent avoidance behavior into academic, validity problems such as lack of practice.In order to better regulation, the problems of the adjacent suspension in this paper, a study on the issue. The article adopts the method of comparative analysis, literature research and so on, is divided into five parts: the first chapter is introduction, the article writing do overall description, this paper introduces the research background, significance, domestic and foreign research, etc.; The second chapter is main to from the perspective of environmental law, avoid problem definition, from the concept, types, characteristics, causes and management present situation to illustrate; The third chapter is adjacent to avoid problems for the jurisprudence analysis; Chapter four legal regulation of the adjacent to avoid problem environment outside experience, mainly introduced the United States and Japan, Germany related regulation measures, and then from these countries to find some reference in the system of measures. The fifth chapter is about China’s environmental legal regulation from the problem, first of all, focus on environmental law philosophy centered macro correction, adjacent to avoid problems in our country from environmental justice three environmental law, environmental right and environmental responsibility concept, and further analyzes the correction of adjacent to avoid problems in our country. And adjacent to avoid problems with environmental legal measures against China as the center to the micro-regulation. From the perfect the system of environmental impact assessment in our country, perfect the system of environmental administrative licensing in our country, improve the system of legal relief for infringement of our country environment, perfect the system of environmental public interest litigation in our country in four Angle micro-regulation adjacent to avoid problems in our country. Chapter six is the conclusion of this paper is summarized, and the related research of adjacent to avoid problems is discussed.