| In recent years, with the acceleration of the urbanization process, NIMBY conflicts have happened at times in China. NIMBY conflict will not only disrupt the normal social order, but also may bring the public infrastructure projects into an end, so that the public service function can not be achieved. Therefore, this paper is focused on the issue that how to use legal means to regulate NIMBY conflict.At present, it is widely believed in academia that the essence of NIMBY conflict is a conflict between public interest and private interest. The innovation of this paper lies in that it concludes the mechanism of NIMBY conflict, through analyzing its characteristics and influencing factors, the relevant administrative planning and administrative licensing, and the interests of all parties. The conflict among the benefit bodies results in the allocation process of NIMBY facilities which is a kind of environmental disadvantage. Meanwhile, the process is also influenced by many factors such as compensation, public participation and the judicial relief.This paper fully expounds the theories and practices at home and abroad of legal regulation of NIMBY conflict from four aspects: interest compensation, public participation, market means and administrative relief. And Compared with the present situation of legal regulation of NIMBY conflict in China, it has found the shortages that China lacks the model of interest compensation and marketing, and the model of public participation and administrative remedy still need to be further improved.As for how to improve the legal regulation system of NIMBY conflict in China, combined with China’s current legislation and judicial practice, this paper argues that, China should gradually adopt the model of interest compensation and public participation from the model of administrative remedy, that is, take the remedy in advance instead of post-relief measures. At the same time, the full play of interest compensation and marketing must be built on the perfect public participation system. Finally, this paper suggests that China should construct a public participation system involving the interest compensation and marketing, in order to provide an institutional guarantee for China to deal with the NIMBY conflict. |
