A Research On The Process Related To Public Participation In Urban Planning

On the administrative law's angle, this dissertation studies the system's status quo, the historical evolution and the value pursue of the process related to public participation in urban planning. On this basis, this dissertation also discusses the operation mechanism and the judiciary protection of the public participation.Urban and Rural Planning Law and other related statutes have established the basic figure of the public participation process in urban planning. This dissertation analyses status quo of public participation in the urban planning's establishment, confirmation, implementation and modification process. It considers that public has ever got some right to take part in the urban planning, although the maneuverability and depth of the public participation should be improved.Public participation in Chinese urban planning is an immigrant conception and it has been affected by the overseas system practice. While comparing Chinese planning process with American's, the two different nations'processes have the similar appearance, that is, both of them have the obligatory and discretionary process. However, the developing routes of them are different.Public participation process is a legitimating process which has functional effect. On the one hand, public participation can help to promote the scientificity and acceptance of urban planning. One the other hand, public participation can resolve the legitimacy crisis and provide the legitimacy basis of urban planning.When public participation became a legal system, planning departments should take the public participation into practice according to the legal requirements for the purpose of the legality of the planning. Meanwhile, in order to promote the legitimacy of planning, planning departments usually carry out much more public participation based on practical consideration. This dissertation focuses on discussing the method related to deciding the participation item, the participation subject, the participation pattern and the participation effect under the premise of these two different situations. Besides that, it points out that an appropriate participation mechanism should be on the basis of ensuring the"legality"the planning and then pursuit the"legitimacy"as far as possible.Public's right to participate can obtain the judicial protection is the system guarantee for the effective implementation of the public participation procedure. In China, public's participatory right can't access to the judiciary protection independently, and it only receives the collateral protection through the judiciary review for the administrative acts. At the same time, it does not mean that people who enjoy the right to participate in the planning process can sue. According to Administrative Litigation Law, only the person who has a"legal interest"with the planning can protect their right through the litigation. The court should adopt the formal review for the obligatory participation procedure. While, the court should combine the formal and substantiality review for discretionary process, that is the court should not only judge whether the procedure is according with the legal requirement but also review the whether the procedure can provide a platform for different interests to communicate with each other and promote the authority can listen to public's opinions equitably and roundly.