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邻避型环境权益冲突是指发生在合法环境权益主体之间的冲突,具有不同于传统环境侵权的特征。法律规则无法满足处理邻避型环境权益冲突的需要。确定平等原则、最大利益原则、生态利益优先原则以及克制原则作为应对邻避型环境权益冲突的司法原则,并在司法实践中合理适用,或有助于冲突的有效解决。
Conflict avoidance environment rights and interests conflict refers to the conflict between the main body of the legitimate environmental rights and interests, with different characteristics of the traditional environmental infringement. Legal rules can not meet the needs of dealing with conflicts of rights and interests of neighboring environment. Determine the principle of equality, the principle of maximum benefit, the principle of priority of ecological interests and the principle of restraint as the judicial principle to deal with the conflicts of rights and interests of neighboring environmental protection, and apply it rationally in judicial practice or help to effectively resolve conflicts.