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经济的持续需要建设大型的公共项目设施如垃圾焚烧项目,这些为广大地区提供社会效益的邻避设施,却需要周边居民承受地价折损、环境相邻权受到侵害的风险。两者存在巨大的矛盾,导致邻避居民的反对和不满。建立应有的补偿机制是解决邻避运动频发的重要途径,而相关的学术研究比较关注的是政治上让公众参与,保障公众知情权等方面的解决办法,却极少从法制的角度提出要如何保障邻避居民要求补偿的权利,实践中也缺乏统一有效的补偿机制。因此,本文将以构建邻避补偿的法制化框架为中心进行重点阐述,以期望能对我省基层社会治理提供有效解决方式,建设美丽乡村。
The continued need for economic construction of large-scale public facilities and facilities such as waste incineration projects, which provide social benefits to neighboring areas in large areas, requires the surrounding residents to bear the risk of land price loss and environmental rights being infringed upon. There is a huge contradiction between the two, leading to opposition and dissatisfaction with the residents. The establishment of a proper compensation mechanism is an important way to solve the problem of frequent evasion of the neighbors. However, the relevant academic research is more concerned with the political participation of the public and the protection of the public’s right to information. However, it is seldom proposed from the viewpoint of the legal system How to protect neighboring residents from claiming the right to compensation, the lack of a unified and effective compensation mechanism in practice. Therefore, this article will center on the construction of a legal system of adjudication and compensation as the center, in the hope of providing an effective solution to the grass-roots social governance in our province and building a beautiful country.