A Study On Legal Resolution Of NIMBY Conflict

Some kinds of public facilities could provide social service, at the same time, theybrought adverse impacts inevitably to the residents who live around. When these residents askfor the elimination about the impacts, they would make some irrational action, and conflictwith the government. The conflict called ’NIMBY Conflict’. The problem hinders therealizing to the social service functions and brings the disorder to the social, and the best wayto solve is avoiding the lose from NIMBYer as possible. The artical learns the experiencefrom some foreign countries, combines the auction, supervision and compensation, builds thelegal resolution of NIMBY Conflict.This article consists of four parts excluding introduction.The first part is about what is NIMBY conflict and how to solve this problem. At first,defines NIMBY conflict and the boundary of study. Next, analysis its component, finds thecharacteristic, points out the government and the NIMBYers are subjects, the conflict eventsare contents, the interests are objects. Last, searches the basic reason by criticizing the currentstudies, analysis by the institutional economics theory, and then comes to the conclusion thatthe solving way is "avoiding the lose from NIMBYer as possible".The second part is about how the NIMBY legal solving mechanism in China. On the onehand, this part introduces how our law entitling the NIMBY residents’ rights, supervises theNIMBY facilities, solving the NIMBY dispute and compensating the residents. On the otherhand, points out their weakness including arising the crisis of confidence, compensatingdeficit and can’t reaching the goal of supervision.The third part introduces the experiences of the NIMBY legal solving mechanism fromTaiwan and other countries around the world, including compensating rules, environmentalimpact assessment from USA, public supervising of NIMBY facilities from South Korea, inorder to make a comparison to China and improve our legal mechanism. The fourth part establishes the NIMBY legal solving mechanism. First, learns fromTaiwan and other countries’ experiences, refers to the studies around the world, finds the waysto realize the goal of "avoiding the lose from NIMBY residents as possible". Second,improves the NIMBY facilities supervision by assuring the rights of public participation.Third, establishes the rules of communal facilities compensation, real estate value guarantee,insurance compensation for medical care and cash compensation, in order to avoid the losefrom NIMBY residents. Last, uses reverse dutch auction to choose the facilities sites that theresidents could accept the facilities voluntarily.