Research On The Legal System Of Public Participation In The NIMBY Phenomenon

NIMBY phenomenon is a phenomenon that will occur in the process of urbanization in all countries.Public participation can not only realize the public's right to know and exercise the right to participate,but also enable the public to find out the problems in time after they know the relevant information and put forward their own solutions to the problems.Therefore,it is necessary to introduce public participation in the NIMBY phenomenon.Avoidance phenomenon is not uncommon in our country,and through the news media reports and a reflection of the relevant public,the public participation in the adjacent avoidance phenomenon in our country is a lot of problems,the degree of public participation in the implementation of the system is not enough in-depth,shall,at the same time of strengthening theory research into practice,constantly to avoidance phenomenon in the public participation to implement real,therefore,this article mainly divided into four parts is introduced.Firstly,from the perspective of NIMBY phenomenon,this paper defines the concept of NIMBY phenomenon,and analyzes the causes of the phenomenon from the perspective of civil rights.The main reason is that the procedural right to know and the essential right to life and health are infringed.At the same time,it also introduces the basic theory and legal significance of public participation.Secondly,this paper introduces the current situation and deficiencies of public participation in the NIMBY phenomenon in China.Based on the existing legal basis and typical cases,it summarizes the deficiencies in the NIMBY decision-making procedures and relevant standards,the imperfect operation mechanism of public participation,and the lack of rights relief mechanism.Thirdly,by trying to analyze the public participation system of the United States and Japan,we can find useful experience in the legislation and practice of the United States and Japan,including improving laws and regulations,strengthening the depth of public participation,and paying attention to the guarantee role of the right relief mechanism.All of these can provide reference for the public participation in the phenomenon of NIMBY in China.Finally,in view of the problems of public participation in the phenomenon of NIMBY in China,some ideas and Suggestions are put forward.The first is to standardize the premise of NIMBY decision-making,including establishing an open decision-making procedure,standardizing the site selection standard of NIMBY facilities,and clarifying the scope of public participation subjects.Second,in terms of the operation mechanism of public participation,the main purpose is to strengthen the information sharing mechanism of NIMBY projects,and insist on timely,accurate,efficient and convenient information disclosure.Smooth the public interest expression mechanism of NIMBY phenomenon,so that the public has a reasonable channel to express their own demands;Improve the open and equal consultation mechanism in NIMBY phenomenon;We should also pay attention to the implementation of public supervision of the whole process of NIMBY decision-making.Thirdly,in terms of the right relief mechanism of public participation,it improves the restrictive mechanism,administrative relief mechanism and judicial relief mechanism respectively,hoping to make up for the deficiency of public participation system in the phenomenon of NIMBY in China.