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Research on the Legal Issues of Public Participation in Urban Planning

Author: ZhaoJinFeng
Tutor: ZhangHong
School: Liaoning University
Course: Constitutional and Administrative Law
Keywords: Public Participation Deliberative Democracy City Planning
CLC: D922.1
Type: Master's thesis
Year: 2013
Downloads: 27
Quote: 0
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Abstract


With the rapid development of urbanization as well as the continuous progress of the process of political democratization, urban planning directly affects the personal interests and the public interest. But due to the lack of public participation in urban planning, the government does not attach importance to the will of the public interest, the social contradictions increasingly prominent and nail house demolition and petitions events frequently occur. Only by making the public participate in urban planning, we can reconcile the contradictions between the various interests in maximization. However, China has not yet established a scientific system of public participation in urban planning, the implementation of the rights of public participation in urban planning often be overlooked at practice, it should be said that from the legislation, institutional building, institutional organization, the right to relief or from participation in on the effect of the specific implementation of the program, there are a lot of defects and deficiencies. Therefore, how to solve the problem in the legal system of public participation in urban planning, how to design the running mechanism of public participation in urban planning, urban planning can play a balance of multiple interests, particularly protects the personal interests of the disadvantaged groups who is inviolable, is what this article will discuss and solve.This paper uses the method of normative analysis, concept research method, comparative analysis method, the combination of theory and practice research, attempts to discuss legal problems of the theory of public participation in urban planning, firstly. This paper attempts to define the concept of public participation in urban planning and reveal the necessity of public participation in urban planning on the basis of the public participation in city planning theory and introduce our country’s historical process of the public participation in city planning. Then tells the legal system of public participation in urban planning of the UK, America and Japan by comparing the methods. The perfect legal guarantee, strict procedures, a sound organizational structure, a wide range of participation and general relief way are worth our using for reference. Secondly, explains that legal system construction and practice exist in many problems of the Chinese public participation in city planning from legislation, mechanism and other aspects and analyzes the legal safeguard, operation mechanism, organization mechanism, right relief and other aspects of the problem. Finally, the paper analyzes local valuable exploration, in view of existing problems, proposes beneficial suggestions, according to China’s national conditions and specific solutions proposed by the reference to the foreign.Based on the above analysis and argument, the conclusions drawn in this paper:it is very necessary to improve and perfect the legal system of the Chinese public participation in city planning, which will play an important role in the balance of multiple interests and protection of individual interests from violation and protection of the rationality of the city construction.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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