Research On The Path Of Rule Of Law Of Environmental NIMBY Conflict Governance

In order to solve the social contradictions caused by NIMBY conflict,realize the balanced distribution of interests and environmental justice,and provide legal solutions for the governance of NIMBY conflict.Through literature research and other methods,this paper deeply analyzes the causes of NIMBY conflict and the social factors behind it,and explores the essence of NIMBY conflict.In the existing research on the governance of NIMBY conflict,the theory and measures are one-sided and lagging behind.The existing governance measures put forward different governance means for specific NIMBY incidents,which can not start from the fundamental deep path to analyze the root causes of NIMBY conflicts.From the perspective of interest distribution and environmental justice,as a new path of rule of law,exploring the deeper connotation of NIMBY conflict will help to form a macro understanding of NIMBY conflict and explore the generation path of action between residents and NIMBY facility builders.The reason is that under the rule of law,the unbalanced distribution of interests is the premise of NIMBY conflict.On the basis of unbalanced interests,the conflicts between residents and the builders of NIMBY facilities aggravate the social instability.There is a contradiction between the environmental benefits demanded by the residents and the benefits obtained by the builders through the operation of NIMBY facilities.And under the premise of new social development,the distribution of interests shows obvious regional characteristics,that is,the regional differences under the influence of urban-rural dual structure.On this basis,the interest demands show the characteristics of economic interests,supplemented by the corresponding environmental rights and interests.In addition,the unbalanced distribution of environmental interests is still a manifestation of environmental injustice in essence,and the neglect of residents’ respect is also a form of injustice in the absence of public participation.The realization of environmental justice lies in both distribution and recognition.As the corresponding path of the rule of law of NIMBY conflict,the paper explores the specific measures to balance the distribution of interests and achieve environmental justice.Including the establishment of fair and efficient interest compensation standards,the establishment of environmental restoration fund system,the establishment of tripartite discussion and coordination mechanism,through consensus to promote the better settlement of NIMBY conflict.Moreover,judicial relief channels should be introduced to give full play to the functions of judicial adjudication and petition in settling disputes and relieving public opinion.The above four ways correspond to the corresponding path of the legalization of NIMBY conflict.The establishment of interest distribution standard is to solve the imbalance of interest distribution and regional differences.Especially in the case of urban-rural dual structure or different regional economic development,the specific standard should be applied to determine the amount of compensation.When determining the standard,we should pay attention to the quantifiable standard and the non quantifiable standard.For the non quantifiable standard,we should compensate in various ways through the increase of public welfare.The purpose of environmental restoration fund is to eliminate the risk perception of NIMBY facilities and promote the externalization of the internal benefits of NIMBY facilities builders.At the same time,the standardized fund operation mode is adopted to enable residents to obtain real benefits in the operation of NIMBY facilities.In the process of operation,the role of environmental public welfare organization is introduced to promote NPO organizations to contribute to the repair and maintenance of the environment.The tripartite discussion and coordination mechanism focuses on solving the injustice in the field of environmental NIMBY conflict.Through equal citizen consultation,residents are encouraged to participate in the whole process of NIMBY facilities construction,and under the participation and guidance of the government,the consultation results of the meeting are supervised to ensure the performance of NIMBY facilities builders.Through the perfect judicial relief,the realization of interest distribution and environmental justice can be guaranteed.