The Research On The Legal Regulation And Restriction Of NIMBY Conflict

Along with the social progress,economic development and fast propulsion of the urbanization,the old communal facilities,which are invested with public service but bring unfavorable influence to surrounding residents,can not meet the needs of people.It becomes one of the primary functions of the government to build this kind of new large facility which is so called “NIMBY Facility”.However,the surrounding residents oppose to build NIMBY Facility because of its nature which could bring obvious or potential pollution and threat to their living environment and health and of the problems existed in the course of construction and running practice of NIMBY Facilities.The problems include the following aspects.The first one is that at the government level,the government does not prosecute the information disclosure to the end and supervise enterprises in place.The second one is that at the residents level,the legal interests of surrounding residents can not be secured effectively and the effective interest demand channels are lacked so that irrational behavior is happened during the process of residents’ safeguarding their own legal rights.The third one is that the enterprises fail in self-regulation,the third parties supervise inadequately on the enterprises,and the specialists’ advantage in profession knowledge does not function effectively.All of these factors band together to make the stakeholders can not be good communication and consulting,which lead to conflict escalation between government and surrounding residents and mass NIMBY Conflict disturbance happened.NIMBY conflict highlights the interests dispute and benefit gambling between surrounding residents,government,enterprises and other third parties in the process of urbanization,which is one of the manifestations of the unbalanced “power and right” operation structure,and which have deep reasons in the fields of politics,economy and society.Therefore,in the process of solving such problems,the government should nip the conflicts in the blossom and resolve the conflicts in the legal framework through studying the inducement to NIMBY Conflict and its expand factors,understanding the demand of the surrounding residents,and strengthening communication and negotiation between stakeholders.In conclusion,in the governance of NIMBY conflict issues,the government should stand in the perspective of stakeholders,friendly negotiate under the environment democratic consultation system,balance the interests of all parties,and avoid the excessive expansion of public power and private rights advocates over people.Analyzing the interests of stakeholders and their benefit gambling process so that to find out the sources of NIMBY conflict occurrence and expansion,with which combined the current situation and deficiency of China’s relevant laws and regulations,this paper tries to improve the legal regulation system of NIMBY Conflict.From two level of prevention and conciliation of NIMBY Conflict,the government should improve the prevention system of NIMBY conflict on the basis of “power and right” structure,establish and perfect negotiated governance norms of NIMBY Conflict and improve the NIMBY conflict relief mechanism of joint supervision,Which are measures used to adjust,restrict and limit the parties in power,rights and obligations.Only in this way,the legal norms and social utility of it can be better performed to resolve the conflicts between officials and the people,win-win situation of stakeholders can be achieved,and a harmonious modern society can be built.