The Conflict Of Interest In Environmental Nimby And Its Correction Research

In recent years,as the process of urbanization continues to advance,the public has strengthened their sense of rights,especially the emphasis on environmental rights,and the public is unwilling to build “environmental evacuation facilities” that have a lot of negative impact on their mind and body in their backyards.Therefore,mass incidents due to environmental problems occur from time to time.The occurrence of conflict in the environment will not only lead to the construction of environmental public facilities,but will also undermine social order.However,from the perspective of legal rights,the “neighboring movement” is one of the ways in which the public expresses their own claims for environmental rights and interests.f authority in solving the realization of the legitimate interests.The traditional research method is mainly explained from the perspective of environmental infringement,and the proposed solution is mainly based on absolute rights.However,the actual effect is not ideal.The main reason is that it does not fundamentally capture the “root cause” of the problem of environmental evasion.".This paper deconstructs the deep conflict of the causes of environmental evasion problems,and concludes that the root cause of environmental evasion problems lies in the imbalance of interests.Through analysis of the three pairs of typical interest conflicts in environmental avoidance conflicts,including: the imbalance between economic interests and environmental interests,the imbalance between the overall interests and the local interests,and the imbalance between the maximum interests and the optimal interests.Through the comparison of these interests,it is necessary to avoid the extremeization of certain interests between legitimate interests,and the realization of legitimate interests should be solved from the basic social consensus,the specific system,and the choice of authority.From the point of view of benefit recognition,the interests of the three pairs of identified basic interests are unbalanced and how each party's interests are balanced within the framework of the law.Therefore,while carrying out the type analysis of unbalanced interest groups,through the use of typed imbalances,the actual causes of the imbalances of interest are analyzed among the three groups of legitimate interests to provide a theoretical basis for the issue of environmental adjacency governance.Through the analysis of the substantial reasons for the conflicts of interest in the third part,the author finds the real cause of the imbalance of interest,and then constructs a combination of our country's current legislation and judicial practice to perfect the legal regulation system of China's environmental evasion and conflict.This article believes that an effective redress mechanism for equitable interests should include four major aspects,namely,benefit identification,benefit compensation,benefit measurement,and benefit relief.Specifically how to effectively coordinate the four mechanisms,first of all,it should be converted from the traditional ex post relief model to ex ante relief,on the basis of the introduction of market mechanisms,from the model of the special benefit compensation model of administrative relief.At the same time,the smooth implementation of these systems requires the full play of the role of the public participation system.Perfecting the system of public participation and information disclosure in the context of environmental adversity conflicts is a top priority in solving this social problem.In the end,this paper proposes some suggestions for remedying the existing loopholes in the post-event remedies for solving environmental conflict avoidance.To sum up,it is suggested that when solving the problem of environmental adjacency conflict,through the analysis of substantial interests under the cause of the cause of environmental evasive problems,discover the real causes of the imbalance of benefits,and use a series of benefits to correct The legitimate means to finally build a public participation system that includes markets and benefit compensation in our country,supplemented by post-relief measures,and ultimately provide institutional guarantees for solving environmental problems.