Research On Legal System Of Risk Communication In NIMBY Movement

With the deepening of China's modernization process,the public pay attention to environmental issues,and have a higher demand of the living environment and ecological security.They are worried that the risk of NIMBY facilities will cause damage to the living environment,physical and mental health,and they fight against NIMBY facilities.In 2007,Xiamen citizens walked around the city to against the PX project in the region.after that,the voice of public opposition to the construction of NIMBY facilities is more stronger.NIMBY movement will be springing up,gradually increasing,and NIMBY movement seriously erode the foundation of social stability.The way of dealing with NIMBY movement is generally compromise with public,and to stop the construction of NIMBY projects.but it is worth noting that this method is not wise,and the construction of NIMBY facilities is more difficult.Finally,The way of dealing with NIMBY movement will Lead to economic development blocked,community welfare damage and government credibility decreased.There are differences in the risk perception of different subjects,the government and enterprise of NIMBY project,experts are often making decision in closed-door,they don't share of risk information in time,and close channels of risk communication between the different stakeholders.These reasons cause NIMBY movement.Therefore,we must build risk communication system,smooth communication channels between the different stakeholders to ensure that the different stakeholders can mutually transfer risk-related information in time,equal exchange of views and feedback to each other,mutually debate and cross-examination,enhance public rationality,eliminate public risk Doubts,in order to reach a social consensus,the different stakeholders should control the risk in the public acceptable range.thus,NIMBY movement can effectively resolve.However,as an innovation method,there is no mature legislation and general practice in it.There are still many problems in implementing the risk communication system within the existing legal framework of our country.Risk communication has not been confirmed by the law,its meaning should be found in other legal provisions,and more dependent on the environmental impact assessment system to play a role,it is difficult to reflect its unique value,and risk communication is not timely,communication channels are not smooth,Lack of communication between the main body of communication and the lack of rights relief mechanism and other issues have always hindered the further development of risk communication system.If we want to make this system implemented throughout the country,we must response to the above questions.First,starting from the existing legal provisions,the risk communication system must clearly defined,and the requirements and procedures of risk communication should separate from the environmental impact assessment system,and improve the information sharing and government response obligations;Risk communication institutions and the establishment of normalized communication mechanism,and timely communication;and then,improve the existing law on the way of risk communication,and the introduction of civic meetings,smooth communication channels;Relationship,to ensure that the parties in the right track on the risk of communication,to restore the basis of trust;Finally,we must improve risk communication right relief mechanism to protect the public's right.