南京林业大学学报（人文社会科学版）Issue(1)：17-23,7.
环境正义视角下邻避治理模式的重构
On Reconstruction of NIMBY Governance Mode from Perspective of Environmental Justice
摘要
Abstract
In the current NIMBY governance mode, the government is the only subject, making decisions by referring to technical experts without the participation of the public, which is the offside of government functions. The decisionmaking is a“decision-publicization-defense”process:government consulting technical experts comes first, publicizing the decision to the society later and defending in response to the questions raised by citizens last, which makes the process of decision making unreasonable. Meanwhile, for the lack of supporting laws, the regulations of NIMBY governance, which can't meet the needs of NIMBY governance, still need improving. The current NIMBY governance mode tends to infringe the citizens’rights to knowing about and participating in environmental affairs, which causes the circumstances of“announcing-protesting-freezing”of some NIMBY projects. The governance mode needs reconstructing from the perspective of environmental justice to safeguard citizens�� environmental rights. Citizens should be allowed to participate in the process of decision making and management, and to communicate through legal procedure so as to achieve consensus and run according to the norms and standards. First, there should be multi⁃subject in NIMBY governance. Residents and social organizations should participate in the NIMBY governance to realize the coordination of various subjects. Second, the decisionmaking procedure of NIMBY governance should be transferred from“decision- publicization- defense”mode to“participation-negotiation-consensus”mode. With various subjects participating in the negotiation, citizens’ reasonable opinions should be responded and absorbed before the making and the announcement of the decision. Third, NIMBY facility construction needs to be regulated and standardized. The system of public participation, environmental information disclosure and environmental rights and interests relief associated with NIMBY governance needs improving and the behaviors of the government, enterprises and residents should be regulated.关键词
环境正义/邻避/公众参与/信息公开/环境权益救济Key words
environmental justice/NIMBY/public participation/information disclosure/environmental rights and interests relief引用本文复制引用
刘海龙..环境正义视角下邻避治理模式的重构[J].南京林业大学学报（人文社会科学版）,2016,(1):17-23,7.基金项目
国家林业局2015年重点课题“生态意识与林业发展的互动机制研究”（2015-2）；江苏省社科基金重大招标项目“江苏率先建成全国生态文明建设示范区研究” （）
