Research On The Legal System Of Public Participation In Urban Planning

Public participation is the democratization of State governance and building a socialist country of the main content. The main task of urban planning is based on city-owned land as vehicle, space allocation of resources. Thus, as the general planning of land-use planning and urban planning, on one hand, properties, and utilization of land resources for public goods involves many real physical environment of public goods, determines its macro-control function of the resource, on the spatial arrangement of urban planning in the allocation of resources and the demands of various interests is behind the game. Urban planning is the most basic means of regulating urban land and its resources, is the most representative areas of public participation.Scholars visited the view that urban planning law system construction in China is still in the Western developed country levels early in the 20th century. Outside the system of public participation in urban planning has been complete. According to the "theory of the ladder of citizen participation" analyzes the degree of public participation in urban planning, in fact in symbolic participation or non-participation in State and public’s only opportunity to participate, do not enjoy the right to participation; procedures for public participation, public participation, public access channel, the right to public participation in the system and a series of problems remain to be solved. In particular, in the current legal system of urban and rural planning and land management law and other related right of participation in town planning system, subjects of the right of public participation is not clear, non-structured form of the subjects of the right of public participation, lack of public participation in the exercise of the right of the program, weakening the legal validity of the right to public participation, public participation right to remedy problems such as incomplete.Right of public participation based on theoretical analysis, based on consultation for public participation is at the heart of democratic political legitimacy justification, the legitimacy of legal protection. Form of participatory democracy, as a complement to representative democracy, participation is the Foundation of democracy and the discretion of instrumental rationality, consultation is central to the democratic administration. According to deliberative democracy, legitimacy of modern legal basis should not be "outside" but rather "within", this path is citizens within the legislation itself. Theory of communicative rationality and consultations on the basis of democratic legislation to legitimacy lies in its legitimacy, justification of the acceptability of the procedure, the former constitutes a legitimate method to generate external elements, which constitutes a legitimate method to set up the "core". Participation and consultation laid the theoretical foundation for democracy.In the process of public participation in urban planning, urban planning as administrative acts of the allocation of urban resources the interests and rights of, and adjust the relationships between stakeholders, are essentially interest distribution relationship. Gives the right to public participation in urban planning, it was this process of benefit distribution embodied in the law. Essentially, right to public participation in city planning, and is in the process of urban planning, recognition of each subject’s interests through legal rights set, so that different stakeholders in urban planning, and program opportunities for expression of interest and the legitimate interests of entities to implement their own interest.From the perspective of law and urban planning are public law restrictions on private rights of land, formation of public law and private law, conflicts between public power and private rights. Lack of public participation, and strong public power of arbitrary decisions and affect the legitimate interests of privacy rights, the corruption of administrative power and interest groups to take "public deprivation, misappropriation of residents’interests in the name of rent-seeking risk is unavoidable. Right to public participation has the function of prevention and control of these risks. Different systems of urban planning in Western countries the right to participation model is proof of that.Analysis of public participation in urban planning in this category once they sublimation from reality, due to their particular interests and the general interest, personal rights and State power, private and public spheres, individual value and overall value,and so on. axis of pulsation of human history the deep caring and wide angle subsumption beyond the East and West, traditional, modern reflections on the history and overall care. Participatory democracy theorists in the West it seems that public participation itself is a reallocation of power, United Kingdom Central-led model Japan model of decentralisation is the legal embodiment of the process, United States and Germany’s right to public participation model features more evident on the participation procedures and modalities. Author through on United States, and United Kingdom, and Germany, and Japan, national of public participation right system of analysis, antibody summary out extraterritorial city planning public participation right system of experience mode, that has participation right subject of height organization of, and participation right achieved way of flexible diverse, and participation right program of detailed divided, and participation right effectiveness of strengthened, and participation right relief complete, common law, these will for has China features city planning public participation right of legislation mode of established provides guidelines.At present, the construction and practice of the system of public participation in urban planning in China, mainly for the executive-led mode of participation. Current legal system although there are some "expression of opinion" space, but the lack of "accepted" mechanisms and responses to the comments, especially the lack of justification for not take ideas, participate in the effectiveness of safeguards. Theoretical analysis and empirical study found that urban planning administrative decision-making body of "pride and prejudice" is the construction of law system of public participation in urban planning and practical effect of key factors. On one hand, administrative powers of external social arrogance, the weak local government organs for the administration of law and philosophy, on the administrative power to show prejudice against public opinion.By sorting out problems in the right of public participation in urban planning in China, drawing on foreign experience in public participation of urban planning system and proposes that the legislative proposal. On city planning public participation right of subject, recommends breakthrough academic General think of, generalized of national citizens or social public of limit, to participate in city construction and is entitled to requirements interests again distribution of main interests representative for divided standard, and established community organization as public participation subject status; on participation program, recommends reference abroad experience, established prior city planning public participation right exercise program; on participation right of achieved way, recommends according to different planning level, and different planning stage to select public participation right exercise way, And improved place legislation experience in the of City Planning Committee system; city planning developed process in the, recommends, planning decision subject has obligations responded public participation of views, strengthened city planning public participation right of legal effectiveness; on participation right of relief, for without statutory public participation program developed of city planning, recommends, allows public to developed organ of superior organ proposed administrative reconsideration and to court filed administrative litigation.In addition, the realization of the right of public participation, relying on coordination of relevant measures, the author suggests that, to further improve the disclosure of Government information, a comprehensive system of individual organizations of the system, building up knowledge and skill involved in the training system and strengthening the function of network technology for the support of public participation.