Research On Judicial Remedy Of NIMBY Conflict

Risk,as a concept,with the development of globalization and modernization sweeping the globe,risk society has become the world's development trend.As one of the main forms of risk,environmental risk has an important impact on human society.With the aggravation of the environmental pollution and the public awareness of the risk consciousness,the NIMBY conflict has become one of the most difficult problems in modern society.Traditionally,sociology,management science,economics and other disciplines focus on how to resolve the conflict in the case through economic compensation,procedural participation and other specific ways.However,these studies only temporarily avoid NIMBY conflict getting worse,but can not completely resolve NIMBY conflict or bring NIMBY conflict into rule of law,not to mention set a specific institution to solve the NIMBY conflict by the rule of law.In fact,with China's economic development,social progress and the rapid progress of urbanization,as a new type of social conflict in recent years,the NIMBY conflict occurs frequently.However,in our country,even the NIMBY conflict occurs so frequently in China recently,the administration still takes the traditional measures,such as,suppressing the conflict,concealing the conflict,and so on,to solve the NIMBY conflict.The solution of the NIMBY conflict is dominated by the administration,and it is the most important way to solve the conflict.It is also a dilemma with Chinese type to solve the NIMBY conflict,namely NIMBY conflict of China type:administrative organs is always involved in the NIMBY conflict in China.The resolution of the conflict is still dominated by administrative organs.The other parties of NIMBY conflict can't trust the result when the administrative organs dominates the resolution of the NIMBY conflict.The conflict needs more authoritative and transparent way to deal with.And the most important way of the rule of law,that is,legislation and justice,in the settlement of the conflict is a long absence.On the basis of interdisciplinary research,the research ideas of this paper are as follows:This paper is divided into five chapters,in the first chapter,in the study of a number of scholars on the basis of defining the connotation of NIMBY conflict.In this way,we study the NIMBY conflict.According to the different stages of NIMBY facilities construction,the NIMBY conflict can be classified into the proposed stage of NIMBY conflict,NIMBY conflict of project that is being constructed and NIMBY conflict of project after the completion.It can be concluded that the type of NIMBY conflict which can be solved by judicial way.In the second chapter,through analyzes the practice of typical NIMBY conflict,PX project case,summarizes the phenomena and problems of our country PX project events,and point out that the current stage of China's judicial system to resolve the dilemma and adjacent defects to avoid conflict,and points out that judicial break the plight of the solution.In the third chapter,Based on the analysis for the absence of NIMBY conflict and defects of the current law of our country,points out the deficiency of the existing legal provisions of our country,including the provisions of the lack of public participation,lack of public information,the lack of legal provisions and judicial relief.At the same time also pointed out the lack of judicial intervention in avoiding conflict o social governance is difficult,and to seek judicial relief breakthrough.In the fourth chapter,In order to better resolve the conflict,through the exploration and analysis of the principle of judicial remedy of the conflict avoidance,the principle of public participation,the principle of public participation and the principle of the whole process of collision avoidance are discussed.In the fifth chapter,in the premise of the concept of judicial activism,the judicial organs should take the initiative to intervene to resolve the NIMBY conflict at the macro level.According to the situation and the specific case,within the scope permitted by law,adopt appropriate to expand the scope,expand the qualification of the parties,to resolve the NIMBY conflict by the judicial innovation.At the micro level,through the improvement of the traditional the civil and administrative litigation and new litigation mode,improve litigation procedure and links,promoting the resolution of social conflict,safeguard the legitimate rights and interests of the parties to the conflict,to maintain social harmony and stability.