Abstract: The basic characteristics of the NIMBY effect of the radioactive waste disposal (RWD) site was analyzed, combined with foreign and domestic research achievements on the NIMBY effects of the location of the RWD sites. The classification and characteristics of real right was comprehensively analyzed using the comparative analysis method. Based on division of land, the legal attribute of NIMBY effect of RWD was discussed, and the legal essence of the abuse of the RWD site put forward. The results showed that after the confirmation of the legal attribute of the NIMBY of the RWD site, the problem can be solved by judicial procedure, so as to ensure that the RWD site and the adjacent land property rights can be legally exercised and not abused. The strategy of NIMBY problem was put forward from the aspect of law combined with China's present situation of RWD site, and the enlightenment of RWD siting in China was preliminary discussed.