Research On The Legal Resolution Mechanism Of Neighbor Avoidance Conflicts

The development of society can't be separated from the construction of public facilities,but some public facilities,such as landfill plants,nuclear power plants and funeral parlours,have their own negative externalities,so on the one hand they provide public services for the development of society,on the other hand,it will bring adverse effects to the nearby residents.These public facilities are called"neighborhood shelter facilities".In the absence of an effective remedy for the rights of the public,they may engage in irrational behavior,and conflict with the government,which is the neighbor conflict.Through the analysis of the interests among the public,enterprises,the Third Party organizations and the government,it can be concluded that the main causes of conflict avoidance are objective and subjective.As for the study of conflict avoidance,our country is still at the initial stage,and there is no special and systematic legal system to solve this problem.In China,the existing legal mechanisms for resolving conflicts between neighbors mainly include:The basic system of civil law,the system of environmental tort in the civil procedure,various environmental protection law systems and some local normative legal documents.These legal systems are not comprehensive and detailed enough,mainly in the information disclosure,public participation,rights and other aspects of relief,there are some problems.In this paper,through a detailed analysis of some problems existing in the regulation of the conflict of adjacent avoidance in our country,some suggestions are put forward from the prevention system of the conflict of adjacent avoidance,the mechanism of consultation and co-governance,and the right relief system to improve China's conflict-avoidance legal settlement mechanism,so as to effectively solve the problem of conflict-avoidance.In addition to the introduction and conclusion,this paper consists of four partsIn the first part,the related theories of neighborhood conflict avoidance are analyzed.First of all,the paper introduces the related concepts of neighborhood avoidance conflict,including neighborhood avoidance phenomenon,neighborhood avoidance facilities and neighborhood avoidance conflict;Secondly,this paper describes the composition of neighborhood avoidance conflict from three aspects:subject,object and content;Thirdly,it analyzes the interests among the public,enterprises,third-party organizations and the government in the conflict of neighborhood avoidance;Finally,from the objective reason and the subjective reason two aspects to analyze the adjacent avoidance conflict's origin.The second part,our country neighbor avoids the conflict the regulation present situation.In China,the existing legal mechanisms for resolving conflicts between neighbors mainly include:The basic system of civil law,the system of environmental tort in the civil procedure,various environmental protection law systems and some local normative legal documents.The third part,our country neighboring avoids the conflict to regulate the existence question.In China,the study of conflict avoidance by neighbors is relatively late,the legal system of conflict avoidance by neighbors is not detailed and comprehensive,and the operation of many facilities by neighbors has no legal basis,mainly in the information disclosure,public participation,environmental impact assessment and stability assessment system,right relief,interest compensation mechanism and other aspects of the problem.The fourth part,the way to improve the legal settlement mechanism of conflict avoidance of neighbors.In the present situation of imperfect legal system and unbalanced operation of power and rights,this part takes the balance of interests as the starting point from two aspects of preventing and resolving conflicts between neighbors,taking into account the position of stakeholders,the author puts forward the way to improve the legal settlement mechanism of conflict avoidance.Specifically including:Neighboring Conflict Prevention System,consultation and co-governance mechanism and right relief system.