The Governance Of NIMBY Conflict In The View Of Administrative Law

With the development of China's economy and the acceleration of urbanization,NIMBY facilities have been introduced into many cities in China.The main purpose is to solve social problems such as garbage incineration and meet the needs of economic development.While NIMBY facilities bring benefits to the society,their negative externalities often cause public dissatisfaction,which also leads to the constant occurrence of NIMBY conflicts in China.The occurrence of NIMBY conflict will not only destroy the social order and aggravate the public's distrust of the government,but also affect the sustained and stable development of the economy.Therefore,it is particularly important for the government to effectively manage NIMBY conflicts.This paper mainly discusses the management of NIMBY conflict from the perspective of administrative law.This paper defines the concept of NIMBY by referring to relevant domestic and foreign literature,and analyzes the different stages of NIMBY conflict governance in China.Found adjacent to avoid conflict management in our country at present the administrative decision closed,adjacent to avoid decision status inequality of the parties involved in the process of the irrational expression,governance,public participation adjacent to avoid conflict of laws is less,and summarizes the current adjacent deep reason of difficulty in treatment of avoid conflict,including the regulation of administrative pattern led to the administrative decision of closed,the awakening of the public's awareness of rights and the pursuit of the rights of citizens leads to an increase in the number of adjacent to avoid conflicts,the spread of the new media leads to expand the influence of adjacent to avoid conflict.At the same time,from the perspective of the basic principles of administrative law,such as the principle of administration by law,the principle of respect and protection of human rights,the principle of trust and protection,etc.On the basis of the theory of administrative law,NIMBY governance experiences such as the American community agreement system,the Japanese government paying full attention to residents' opinions,the Danish guarantee mechanism and the Taiwan region's compensation system are combined toprovide experience for the governance of NIMBY conflicts in China.This paper adopts case analysis and empirical analysis to find practical cases of NIMBY conflict management from Chinese judgment document network,NIMBY monographs and news reports.Based on the backtracking of the nuclear power plant construction case in R city,this paper discusses the detailed process of the incident,analyzes the problems of incomplete information disclosure and low citizen participation in the governance of NIMBY conflict by local government,and affirms the measures taken by the government,such as mainstream media propaganda and field visits by villagers.In this paper,based on the combination of theory and practice and seek effective measures to avoid conflict,including the adjacent to avoid be defined rights and responsibilities of each participation main body in the conflict,the government should shift from control administration to service government concept,break the closed decision-making mode,broadening the channels for citizen participation,strengthen the information disclosure,but should also clarify the application of the economic compensation standard.At the same time,when the NIMBY conflict is resolved,the traditional simple administrative response should be turned to legal institutionalized dispute resolution.