Research On NIMBY Conflict From The View Of Public Participation

NIMBY conflict appeared with the process of urbanization,it is the intensification of the contradiction between the rapid development and the awakening of public awareness of the rights of the reaction,which has distinct characteristics.Although the NIMBY conflict reflects the development of the social in some areas,obviously it can hinder the city infrastructure construction,destroy social order and the process of urbanization.Now there are a number of professional studies on the NIMBY conflicts,including economics,social management,administrative management,administrative law with various professional focus.This paper analyses NIMBY conflict from the perspective of public participation in the environmental law.The author believes that in sence,NIMBY conflict reflects the public urgently hope to participate in the management of public affairs and exercise public participation right.At present,scholars generally believe that the fundamental reason of NIMBY conflict is lies in the conflict between public interests and NIMBY residents' private interests.The innovation is that author through analyzing the case of "Guangzhou Panyu waste incineration power plant built conflict" which is a typical NIMBY event,inquiry China current participation status and the reasons,to explore how to use the lack of public participation in NIMBY conflict,in order to eased the NIMBY conflict to a certain extent.In order to research NIMBY conflict from the view of public participation,the article adopts the way of literature research,empirical analysis,the article involves five parts totally : the first part introduces this paper,which introduces the background,value and significance of the research and do a summarized of the literature about NIMBY problem both at home and abroad.Also introduces the structure,innovations and shortcomings of the article.The second part describes the relations of the NIMBY conflict and public participation.Firstly,the author make a explanation some concepts about "NIMBY",and then introduced the case of "Panyu incident" in the analysis it from the view of our current public participation status.The third part do the research on the lactors which can impact on China's public participation,and puts forward the legal problems in the process of public participation in our country.The fourth part puts forward the problem and analysis the problems as mentioned above.Through the analysis,the author thinks that the introduction of public participation can make the decision of NIMBY be corrected and easily accepted.We should be rational to see that,"public participation" can only be defined as an auxiliary way,it can not solve NIMBY conflict.In fact,we should regard public participation as a kind of positioning from the view of law,accurately under the view of procedural law.Effective public participation can help the public to express theirs appeal,at the same time,it can also help the justice of public participation in this program includes system,enhance the legitimacy of NIMBY decision-making,improve the democratic decision-making and acceptability,which is assist in the smooth processing of post conflict struggle.To some extent,public participation can relief NIMBY effect,and also is a useful complement to other settlement mechanism.