On The Rights Of Public Patricipation In Urban Planning

This paper point out the idea and proposition of public participation and thenstudied briefly the course of development of public participation that is based on theresearch paradigm of the rights-based. And then, the paper study on the course ofdevelopment of public participation in the important practical area of urban planningbased on the legal theory. Also, the paper expounds the content and implementationmechanism of public participation of urban planning. Then the paper acquires lots ofconclusions of theory and practice.The main structure of this paper and the thinking logic is as follows: Recently，following the social phenomenon of stakeholders who have been divided anddiversified and their subject consciousness are getting more and more strengtheningthe social conflicts and disputes of stakeholders who have been divided and diversifiedcontinue growing under the development of socialist market economy and urbanizationprocess of China. The social conflicts which appear during the urbanization processneed us change the model of the plan and construction of city and town dominated bygovernment in the past. The issue about the plan and construction of city and townshould be taking seriously in the legal construction in our socialistic society. Letstakeholders take participate in the development of urbanization process of China thatbecome an important approach which could solve the social conflicts. The time is therights time. Based on the research paradigm of the rights-based, the democraticprinciples of civic participation become more and more important. What are thetheoretical and particle basis of the public participation, and the content andimplementation mechanism? And can we acquire the conclusions both theatrical andpractical? These are the questions which the paper will study on.Chapter one: historical study of the public participation of urban planning. This chapter defined the concept of public participation and then studied briefly the courseof development of public participation in China and the west, and the course ofdevelopment of public participation in the important practical area of urban planning，including the practical background of its emergence and its legal course and theexisting studies on it.Chapter two: the certification of theory and the foundation of practice of the rightsof public participation in urban planning. On this basis, this paper putted forward theconcept of the rights of public participation in urban planning based on the paradigmof “rights-based” theory in Chapter II. And pointed out that the jurisprudentialfoundation of the rights of public participation in urban planning is that: it is theinevitable results of the Socialist market economy,it is the inherent require of theSocialist democracy, it is the necessary choice in the society of risk, and it is thefundamental factor of the construction of socialist rule of law and it is the needs of theconstruction of a socialist harmonious society.Chapter three: the content of the rights of public participation in urban planning.The part of this article focuses on the rights of public participation. The article pointsout that the right of public participation has both the nature of private rights and publicrights. The subject of the rights of public participation could be the public, developersof the cities who belong to profit organizations and also could be the specialists andscholars of the field of the plan of the city. And the government agencies also have theimportant function. The object of the rights of public participation is the socialinterests and resources of the urbanization process. The contents of the rights of publicparticipation are the rights to know, the rights to express, the rights to decide and therights to supervise, etc.Chapter four: the implementation mechanism of the rights of public participationin urban planning. It pointed out that it included specifically the information disclosuresystem in the urban planning (such as the announcement system), the system toexpress their opinions in the urban planning (such as the system of Hearing anddemonstration), the decision-making system and the supervision system. Finally, the paper pointed out that the rights of public participation in urbanplanning in China is the specific and direct representation under the market economicsystem and paradigm of the rights-based. It could play an important role for resolvingsocial contradictions and developing civic consciousness (it also containsconsciousness of democracy and rights, etc.) And therefore, it also has practical valuesand social meaning to push on the legal construction and to construct the harmonioussocialist society in China.