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The Protection of the Rights of Public Participation in Urban Planning

Author: LiangDongPeng
Tutor: TanZongZe
School: Southwest University of Political Science
Course: Constitutional and Administrative Law
Keywords: Urban Planning Advocacy Planning Public Participation Due Process of Law
CLC: D922.1
Type: Master's thesis
Year: 2009
Downloads: 292
Quote: 3
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Abstract


Our country in the past on town planning, "planning" or "plan" by the political emphasis, too programmatic significance, public participation in planning and administration of the difference between the right has been neglected in recent years the trend of democratic politics, the rights of citizens to participate in the growing importance of planning and consideration of the executive authorities also have begun to attach importance to supervision and review requirements.Administrative acts in theory, that is, planning is the administration of the essential characteristics of modern administration, one of. Administrative Law at the Chinese study, "Planning Administration" and "plan administration" has not been a strict distinction between the practice are often based on general semantic or up to select a synonym for this group, which has many practical expressions for the easy "plan", "plan." Urban planning there was a clear procedural characteristics, the German Federal Administrative Procedure Act in the administration plan has a special chapter in the planning of administrative procedures applicable laws and regulations, hearing procedures, the planning of the ruling to determine the detailed requirements and so, this paper look at the existing the urban planning system, laws and regulations found that the main planning and specific plans at the level of division on the actual content of unclear cause when planning should be worked out to provide opportunities for public participation, when public participation should be given the defense the right to There is no specific standard to follow, In addition, when the Urban planning the event of a dispute case, the existing lack of laws contrary to the public to participate in the executive authorities how to deal with security requirements, with the result that the current system to our country the right to the protection of public participation is still not perfect. The trend in today’s democratic politics, the advocacy planning and the concept of due process have been gradually implemented in Britain, the United States and other countries the rule of law in urban planning, after decades of development and the evolution of public participation in town planning has been regarded as a right and not as a symbolic opportunity to review of executive acts of planning and supervision have been set up checks and balances, such as public planning process, of this information, the hearing will be held or question, inspectors and set up the system to give reasons obligations have been included in the statutory norms, so that the rights of citizens to participate in the implementation, from planning development, consideration, approved the appeal stage, are the appropriate channel for the relief, its systems, regulations and modes of operation of construction has been improved, quite worthy of our country reference.Looking at the past of our country to protect the rights of public participation in urban planning issues related to research, public participation in Urban planning at the opinion research, focus on the many methods and forms of participation, that is the main system of administrative procedures to explore, but how to constitute a security, and non-depth analysis; article from the Administration of Law, then tend to the laws and regulations, lack of command of the planning process in the civil rights why should the role of security and protection, there is no over-written. Trend of democratic politics and civil rights to protect the voice of the high-day circumstances, the above-mentioned documents the planning process for the city to protect the rights of public participation in related research could not explore in depth, and the practice of public participation on the spirit and the value of planning can not by its Design and performance of the system and play a role in the outcome.This study focused on how the Urban planning from a more Anglo-American legal system and instead look at China’s current urban planning system weaknesses, the concept of a combination of administrative procedures and the corresponding design of the system, which proposed to build in the draw, our country and improve public participation in planning institutional protection of the rights of the initial ideas and eventually the formation of our security process planning system architecture.City because of the political nature of planning itself, fuzzy and professional qualities, from the traditional administrative reconsideration, administrative litigation rights of the dimension of public participation in the protection of it is weak, this study will focus on Urban planning process, that is, as the administrative procedures to protect the rights of public participation in the entry point, with a complete system of administrative supervision and judicial review of the design density, the "participation" really gives the right as a citizen and not just a symbol of their opportunities.

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