Research On The Problem Of Environmental NIMBY

The development of economy is accompanied by the differentiation of social interest structure,and the awakening of citizen consciousness promotes the enhancement of public participation ability.Facing the growing environmental problems,economy and environment seem to be the two opposites of social development.Today,the topic of environmental protection has been widely accepted by the public,and the popularization of public participation in the field of environment has achieved considerable results,but there are still some practical problems that can not be ignored.Represented by the PX incident in Xiamen in 2007,the public's demands for environmental interests even triggered serious social conflicts,which led to the problem of environmental NIMBY.The problem of environmental NIMBY in this paper is usually manifested in that the government needs to build public facilities because of the public interest,but the surrounding residents or other stakeholders think that the facilities will damage their own life and health,environmental safety or interests,etc.under the condition that the public participation and interest demands are not satisfied,a large-scale resistance movement is gradually formed,leading to the disorder of social order,etc.This paper focuses on the public participation,and comprehensively uses the methods of literature analysis,normative analysis and empirical analysis to study the problem of environmental NIMBY.Starting from the motivation of the environmental NIMBY problem,this paper clearly points out that the environmental interest is the internal driving force and the source inducement of the environmental NIMBY problem.Through the analysis of the conflict and balance of the environmental interest,this paper leads to the demonstration core of public participation.In this paper,the environmental interest is regarded as the motivation of the environmental NIMBY problem,and the essence of environmental interest is environmental quality,that is,the good state of theenvironment on the level of ought to be.To a certain extent,the benefit allocation of environmental NIMBY is the conflict and balance of environmental interests.The diversification of interests constantly impacts the existing pattern of interest expression.The settlement of environmental interest conflicts must be based on the balance of environmental interests,which requires the effective participation of multiple subjects.Public participation,as a universally recognized institutionalized approach in the world,still has many obstacles in practical application.In order to realize the balance of environmental interests and solve the problem of environmental NIMBY in an orderly way,it is necessary to fully understand the effectiveness of public participation,and comprehensively grasp the process and result.Taking public participation as the research perspective of this paper is based on the functional orientation of public participation.From the perspective of functionalism,the "form" of public participation has always been serving to solve the "function" of the environmental NIMBY problem.For the public,the public participation has achieved a major breakthrough in giving the "minority" the right to speak,which can restrain the "tyranny of the majority" effectively.Instead of directly identifying the primary direction of solving the environmental NIMBY problem with the interests of the "majority",the interests of the "minority" are considered together,so that the "minority" can also be allocated the right to speak in the public participation;for the government,public participation means more input of opinions,which can reverse the relatively fixed thinking mode of the government,change from "regulator" to "server",help the government to improve the legitimacy of environmental decision-making,effectively respond to the public interest demands,strengthen the public's trust in the government,grasp the key to solve the problem of environmental NIMBY,and put public participation into practice;for the social order,public participation provides an institutional channel for the expression of interests.The existing laws have made clear provisions on the scope and procedures of public participation,which has gradually incorporated public participation into the path of the rule of law.The government also follows the legal provisions,so as to solve the problems in information exchange and mutual trust consultation.Based on the above analysis,combined with the specific cases of theenvironmental NIMBY problem,this paper believes that public participation should be in a more standardized and effective legal regulation,and the process theory analysis of the legal perfection of public participation should be carried out from three perspectives:before,during and after the event.The premise of environmental information publicity is to protect the public's right to know,to protect the public's right to participate by improving the effectiveness of multi-agent participation,while to improve the legal relief mechanism is to protect the public's right to supervise,to protect the public's right to express in the whole process of public participation,and to fully implement the legal protection of public participation.Nowadays,we are in an era of constant change and development.Facing the social governance problems such as the problem of environmental NIMBY,we should use the thinking of rule of law,put forward the path guidance from the legal level,and constantly seek the legal approach to solve the problem of environmental NIMBY in the extensive practice of public participation.