| With the continuous evolution of the process of urbanization,urban development faces many new opportunities and risks and challenges.Since 2007,there has been continuous eruption of the issue of NIMBY in our country.However,China's governance of adversary conflicts has always been limited to the logic of maintaining stability.Construction and postponement of construction have been used as a method of quelling public anger,but the end result is often Presented a "three losses" situation.The conflict of avoidance is different from the general social conflict.Behind it is the citizen's appeal for environmental justice and the protection of environmental rights.Therefore,treating only the avoidance of conflict as a general social contradiction can be biased and Governance mechanism cannot be effected.In view of this,from the perspective of environmental law,this paper tries to analyze the causes and development patterns of the NIMBY conflict by analyzing the internal mechanism of the conflict and the solution to the difficulties it faces,so as to seek the way to governance.China's a NIMBY conflict management mechanism provides beneficial strategic choices and achieves good environmental governance.This article in the first part of introduction illustrates the reason and significance of topic selection,current on adjacent to avoid conflict management research status at home and abroad,the innovation point is that to avoid conflict processing,build a more systemic and integrity of environmental law governance mechanism to avoid conflict,with adjacent neighbors avoid facilities construction process to avoid conflict of the framework of governance mechanism,focusing on the source of adjacent to avoid conflict management,focus on the cultivation of the public environmental awareness and environmental responsibility,in order to achieve deep solution from the conflict.At the beginning of this paper,the author uses case analysis,comparative analysis and literature analysis to explain the problems related to nimby conflict.The second part focuses on the analysis of the connotation and causes of the conflict.It focuses on clarifying the differences between NIMBY conflict and environmental group events,and analyzes the conflict from the interests of environmental justice and environmental law.The connotation of environmental law,analyzes the causes of the formation of conflict,seeks deep ideas behind,and provides an intrinsic mechanism analysis for the governance of the conflict.The third part focuses on the governance dilemma of our country's current NIMBY conflict,selects a representative example of the conflict of avoidance that took place in China in the past ten years,and comprehensive analysis concludes that China's current avoidance problem has fallen into a "decision-making-announcement." The vicious circle of construction-protest-stopping construction is facing four major problems: trust predicament,participation predicament,regulatory predicament and social predicament.The fourth part casts its sights on regions or countries with advanced conflict avoidance management experience,and selects Sweden,Germany,South Korea,and China's Taiwan region as reference samples to analyze its mature model in conflict avoidance governance or effectively cope with strategies for our country to learn from.The fifth part is based on the perspective of environmental law,and takes the decision-making process of the construction of the bypass project as the context of governance,one loop and one deduction,and avoids conflicts from the aspects of concept lead,prevention link,operation link,and aftercare link.Governance provides specific measures,focusing on the transformation of governance thinking towards negotiation,communication,and diversification,emphasizing the cultivation of environmental responsibility of the people,putting equal emphasis on the strategic environmental assessment system and the risk communication system,and improving our emergency response management system and compensation feedback mechanism.Strengthen the monitoring of public opinion and environmental supervision,and realize the innovation of conflict avoidance governance mechanism. |
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