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Study Of The Legal Issues Of Urban Planning

Posted on:2007-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2206360212983295Subject:Law
Abstract/Summary:PDF Full Text Request
Since the beginning of reform and opening up more than 20 years of urban planning as "the realization of economic and social development objectives in the city means" to China's sustained rapid economic growth, urbanization and the large-scale achievements have played a positive role. However, the distribution of land development and construction as well as disorderly situation has emerged outof social and economic development and resources, ecology, environment betweenthe more outstanding per- formance, resulting in cases in recent years involving planning (often syndicated action) occurring on constructing a harmonious society to a great negative impact. Therefore, we must further strengthen the com- prehensive urban planning and coordination functions, urban land use and construction activities must be incorporated into a unified plan, a unified planning and management, a uniform code of conduct, to ensure the rational development and coordination of city operations.This requires raising the city's planning authority and binding, so the government to more effectively exercise the functions of city management and urban construction. The best way is to reinforce the validity of the law.Based on the following three most involved in urban planning legal issues were discussed : the first part, the author through screening foreign town planning regulations, and foreign scholars to study community, the legal outcome, this paper discusses the administrative efficiency and protection of civil rights, embodied social fairness and justice embodied the promotion of development and the protection of the interests of the public policy principles and maintain a reasonable balance should become law on urban planning objective of value. And the improvement of China's law on urban planning proposals. Part II, the author put forward a new issue of urban planning, urban planning is actionable? From the perspective of the Administrative Procedure Law and the development of administrative litigation, in the paper. The third part, the author focus on the implementation of town planning, the planning permission system is the fact that the study of the city's planningpermission for judicial review of the specific content of the proceedings. Finally, the author of the legal issues of urban planning expounded concludes: from the point of view of this, recognize the value of urban planning law, the legislative agenda and mature borrow abroad, improve our town planning regulations, urban planning and management for the smooth implementation of the government to provide regulatory requirements; From the judicial point of view, the macro level, the promotion of urban planning non-actionable, microscopic and planning permission for the case involving urban planning, a good grasp of the content of judicial review for the government to provide an effective judicial protection of urban planning.
Keywords/Search Tags:Urban planning, Legal value, Planning permission, Judicial review
PDF Full Text Request
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