Regulation Of Urban Planning Change In Administrative Law Perspective

The urban planning change is the main practice problem that exists in our country. The essay describes the history and status of urban planning and urban planning law system, and analyzes the reasons that lead to urban planning change. Since the illegal change may bring a lot of problems, it is necessary to regulate the urban planning from substantial and procedure aspects. The essay tries to formulate the procedure of urban planning change, and discusses the public participation in this process. The essay also emphasizes the reliance protection of interest party, and discusses the justiciability and review strength of urban planning change of different types.The title of the essay is "Regulation of Urban Planning Change in Administrative Law Perspective", and it is divided into five parts as follows:In the first part, the urban planning change in our country has been discussed. Firstly, urban planning change, the core concept of the essay is defined, which helps to clarify the research scope. On the basis of the concept, the main problems which exist in the urban planning practice are listed and analyzed, such as changing without legal procedure, the conflicts between different plans, getting no proper compensation and so on. The result of changing urban planning also has been discussed, which proves the necessity of regulating the urban planning change. Secondly, the history and status of urban planning and urban planning law system are described. Finally, the reasons which cause urban planning change are analyzed from three aspects, direct reason, system reason and detailed reason.In the second part, the substantial regulation of urban planning change has been discussed. Firstly, the necessity of regulating the urban planning change is studied. Changing is the inherent nature of urban planning, however, stability is required by the effect of urban planning, therefore, a method has to be found to balance the conflict of changing and stability, which turns out to be the regulation of changing by substantial and procedural way. Secondly, the legal causes which may lead to urban planning change are reflected, and some suggests which may improve the legal provisions are provided as follows:The situation which may cause change by evaluation must be regulated; the demand of public interest should be added; and the changing causes of detailed plan should be supplied. Finally, the public interest of urban planning change is studied. The public interest is often used improperly for the ambiguity of the concept. And the criteria of public interest in urban planning change are clarified.In the third part, the reliance protection in the urban planning change is discussed. Firstly, the reliance protection is defined in the theory:the concept of reliance protection in the administration law is studied; the formation and development of reliance protection in other countries are studied; and the theoretical basis of reliance protection is discussed. Finally, the reliance protection system in the urban planning change is built from various ways, such as the applicable scope, obtaining ways and compensation system.In the fourth part, the procedure of urban planning change has been studied. The present legal provisions of different types in urban planning change are analyzed, and the successful practice in other countries is also introduced. On the basis of the research, the essay tries to formulate the changing procedure of urban planning in our country. The pubic participation in the urban planning change is another issue that needs to be studied. Though observing the concrete cases of pubic participation in the urban planning change which happened in our country, the essay describes the main problem and provides the solution to improve the pubic participation level, which may help to regulate the urban planning change and guarantee the legal right of interested parties.In the fifth part, the judicial review in the urban planning change is studied. Whether the urban planning change can be sued or not is an important issue that should be discussed. The nature of urban planning is analyzed, and the system in other countries is introduced as well. The essay discusses the justiciability of urban planning change of different types, and clarifies the acceptance scope of administrative lawsuit in urban planning change field.