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The Legal Regulation of Adminstrative Planning Changes

Author: ZhongYing
Tutor: TanZongZe
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: administrative planning change public interest trust protection principle the control of law legal remedy
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 21
Quote: 0
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Abstract

"Book of Rites·Mean" says: "Those who advance the legislation, without prejudging the waste." Plan ahead, plan first, and is an important guarantee succeed. Whether individuals, organizations and even countries, carrying out an activity, in order to successfully achieve a certain objective, we must make plans, or the said plan, make careful plans and arrangements to ensure that future activities to follow, in line with objective laws. National planning, management of state affairs as a method, proved to be effective means, therefore, after the "war" the Western countries gradually expand the field of planning from urban planning to the national policy, such as environmental protection, social security and energy Policy.Because the rule of law tradition and specific situation is different, countries show the different characteristics of planning. In some countries and regions, the vast majority of plan-making power rests in the hands of the legislature, plans are completed through the legislative process. While in other countries and regions, the executive exercised the right to develop more programming. In China, the executive power occupy an important position in the power system, many of the plan is prepared by the executive to complete and therefore, administrative planning is more important for our country. Administrative scholars did some research in the field of administrative planning, and achieved certain result, but the administrative planning is of a late start. Currently, there are many different domestic and international understanding and interpretation of administrative planning with its concept, nature, characteristics, classification and function. In practice, many countries have different attempt of the legalization of administrative planning. Of these theories and practice of administrative law, scholars in China also failed to in-depth view and analysis, particularly there is still a serious imbalance between the concrete practice and theoretical research of the administrative planning. As an important issue in the research of administrative law, we still need to enhance research of administrative planning in theory, system, and practice.At the moment, our legal documents related to a lot of administrative planning, but most just refer to "planning" or "plan" the term; it is still the lack of provisions for the purpose of the normal operation of administrative planning. It can be said, China’s administrative planning was in a“vacuum”running in rule of law, planning change is particularly evident. Administrative planning changes that have been identified, regardless of the trust and the protection of administrative action, nor does it compensated stakeholders whose legitimate rights and interests were damaged, these phenomena seriously departure from the requirements of building a law-based government, and also greatly harmed the people’s trust and respect of the government. Therefore, it is necessary to reflect on the problems of administrative planning changes. By making "Administrative Procedure Act", this topic analyzes the problem of administrative planning change, and on this basis, to find a solution both from the substantive and procedural methods. This will not only help improve the system of administrative planning, effectively protect the legitimate interests of stakeholders, but also help improve the system of administration planning theory, in order to achieve the legalization of administrative planning.

The Legal Regulation of Adminstrative Planning Changes

Abstract

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