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The Research on Functions of Technical Standardsin City Planning Fields

Author: WangZuo
Tutor: ZhuMang
School: Shanghai Jiaotong University
Course: Constitutional and Administrative Law
Keywords: city planning technical standards functions judicial review
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 82
Quote: 1
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Abstract


The technical standards of city planning are playing an important role in the fields of city planning. Under delegation test, publication test, external form test and procedure test, technical standards should be excluded from the group of legal norms. But if based on substantive standards, to consider whether technical standards have the legal force, it can draw the conclusion that technical standards are important basis to determine facts by administrative agencies, technical standards also indirectly prescribed the right and obligation of private persons, so it external legl effects on private persons. If legal norms should be norms used in the court, then the facts determined by technical standards should be evidence in judicial review. Though technical standards don’t have the form of legal norms, but it exerts the same function and effectsDue to the complexity of technical issues, the judges should not use their own judgments to substitute for judgments by administrative agencies. Though courts are considered as experts on procedural matters but not on substantive matters, but now in china it can’t carry out judicial review on technical standards-setting procedure. The technical standards can be classified into different types. Different standards may collide with each other, and the technical standards of city planning may collide with the technical standards in other fields. The judges can choose the reasonable technical standards in the trial. In order to protect the rights of the civics, the judges should make the choice with caution. Generally speaking, the regional technical standards previous the central technical standards, the old technical standard previous the new technical standards.

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