| Urban planning is a foundation of the governments guide and regulate urban construction to develop orderly.It plays an important role of allocating social resources by controlling over the use of land and space.With the acceleration of urbanization in our country,the interest conflicts caused by urban planning present a strengthening trend.Once the interest conflicts can not be effectively controlled,it will inevitably cause the imbalance of the social interest structure and the damage of social bottom group's interests and public interests.At present,the problem of imbalance of allocating interests universally exists in the old city reconstruction and new city on the basis of urban planning.The springhead is that the governments ignore the claims and concerns of stakeholders in the process of exercising planning power.Although the urban-rural planning law enforced in 2008 embodies the concept that respects for the principal part position of the stakeholders and endows the stakeholders with the rights of participating in the planning decision-making and seeking relief,its provisions related to the public participation procedure,the compensation for reliance damage and the ways to relief right seem too principle,which leads to be not operated in practice.In response to the realistic need of realizing the equitable allocation of social resources and coordinating the interest conflicts among the parties,the paper focuses on the perspective of protecting the urban planning stakeholders' rights and researches on the affirmation of urban planning stakeholders,the definition of the urban planning stakeholders' rights category and the principles which protecting urban planning stakeholders' rights followed.It further discusses how to establish a perfect public participation mechanism and right relief mechanism of urban planning on this basis.The urban planning stakeholders not only are the most important subjects in the public participation process,but also the subjects who have plaintiff qualifications in the administrative proceedings.They include the counterparts and relative persons of urban planning on the scope.Compared with the former,the identity of the latter is not easy to accurately identify in practice.It is necessary to analysis the elements of"rights and interests" and "causal relationship" constituted urban planning stakeholders carefully so that reasonably grasp the scope of the relative persons of urban planning.When judging the urban planning stakeholders,at first should identify"rights and interests " whether exist or not,and then judge if there is a causal relationship between "rights and interests " affected and the urban planning act.In the absence of specific clear legal norms,judging the elements of "rights and interests"and "causal relationship" depends on applying methods of interests balancing.The rights of urban planning stakeholders constitute the legitimatize framework of the governments' planning power.From the aspects of status and process to understand the rights of urban planning stakeholders,we can divide them into substantive rights and procedural rights.The substantive rights provide the exercise of planning power for some static standards and boundaries,requiring the governments to focus on justice of the results of planning acts.In the substantive rights of stakeholders,property right,dwelling right and environmental right are greatest influenced by the urban planning.For the need of public interests,urban planning power property imposes restrictions on property right,but the restrictions must be modest,only in this way can maintain the balance between public interests and property interests of the stakeholders.In addition,in the process of urban planning,the governments have an obligation to meet needs of the residents to realize dwelling right and should avoid or mitigate the negative influence brought by implementing the urban planning on the residents' environment right.Procedural rights provide the stakeholders for a guarantee to realize their substantive rights.Besides,they also have their own independent value,such as promote the communication between the stakeholders and the administrative subject to prevent the abuse of the administrative power.In the administrative procedure and remedy procedure,the urban planning stakeholders mainly have five kinds of procedural rights.They are the right to be informed,the right of expression,the right of to be heard,the right of application,the right of resistance.Protecting for these rights is helpful to realize the balance of rights and obligations between the urban planning subject and the urban planning stakeholders.Researching on the principles of protecting the urban planning stakeholders'rights can provide theoretical guidance for limiting the planning power interfering with the stakeholders' rights within the legal and reasonable scope.Protecting the urban planning stakeholders' rights should follow the principle of equality,proportion principle,trust protection principle and due process principle.The principle of equality focuses on regulating the urban planning discretionary power from value orientation.It not only requires the planning authorities not to give each stakeholder discrimination or privilege,but also takes the equality of subject status between planning authorities and stakeholders as the prerequisite of establishing the urban planning legal system.Proportion principle focuses on regulating the urban planning discretionary power from the relationship between means and purpose.It promotes the planning authorities to choose a mean which brings the stakeholders' rights minimum damage to accomplish the aim of the planning by making a trade-off between the interests respectively represented by the means and purpose.Trust protection principle focus on regulating the urban planning discretionary power from the legal consequences.It requires the planning authorities to take into full consideration to the impact on the trust benefit of the stakeholders and the stability of the planning after the planning changes so that avoid the imbalance between the public interest and the personal interest caused by the planning change.Due process principle focuses on regulating urban planning discretionary power from the process of defining the public interest.The independent proof standards of due process,such as the neutrality,justice and reason,are helpful to coordinate conflicts among the parties in the process of defining the public interest and reduce or even eliminate arbitrarily exercising the planning power,lack of information and unconscious mistakes.Only the stakeholders are guaranteed to participate in the planning process effectively,will the equal game of various subjects in the process of urban planning be realized,will the acceptable planning decision-making be formed.Although the urban-rural planning law and the related laws have established the system of public participation in urban planning area,the above-mentioned laws have not made comprehensive and detailed rules for the basic elements,including the participative subjects the participative opportunity,the participative items,the participative methods and the participative effectiveness,which constitute the public participation mechanism,causing the depth and breadth of public participation cannot be assured.At present,in our country,the public participate in the urban planning is still in the stage which is passive participation,limited participation,postmortem participation and formalized participation.Lack of a sound legal system of the urban planning is one of important factors that affect the efficient operation of the public participation in the urban planning.In order to improve the effectiveness of the public participation in the urban planning and promote a change of the public participation from"symbolic" participation to "substantial" participation,we should reasonably select participants,implement the principle of early and continuing participation,improve the planning information disclosure system,choose reasonable ways to take advice from the public,improve the effectiveness of hearing and establish the response mechanism for public opinion.Just rely on public participation mechanism to regulate the operation of the planning authority is not enough,we must establish the effective multi-channel relief mechanism to correct the administrative power and remedy the rights of the stakeholders which suffer from the damage so as to realize the balance between the powers and the rights.Administrative reconsideration and administrative litigation are the uppermost relief ways of the urban planning stakeholders.At present,the behavior of formulating and changing the urban planning and the urban planning document have not yet been incorporated into the scope of accepting cases of reconsideration and litigation,mainly because the scope of accepting cases of reconsideration and litigation is strictly restricted to the distinction between the abstract administrative behavior and the specific administrative behavior.From the perspective of adequately protecting the urban planning stakeholders' rights,it is necessary to abandon the practice of strictly according to the distinction between the abstract administrative behavior and the specific administrative to determine the scope of accepting case of the urban planning reconsideration and litigation.Instead,we should analyze the urban planning behavior whether has a direct impact on the stakeholders' rights and interests or not according to the different contents and stages of the urban planning.The urban planning behaviors which are likely to infringe the stakeholders' rights and interests should be incorporated in the scope of accepting cases of reconsideration and litigation.To improve the ways to administrative reconsideration and administrative litigation,we also need to set up professional and independent administrative reconsideration organs and reasonably determine the limitation of judicial reconsideration.In the other right relief ways,administrative appeal plays complementary role for administrative reconsideration and administrative litigation is the most obvious,but it still belongs to a kind of situational relief way.To improve it,we need to define the key points in the relevant legal provisions,including the subjects who have the right of appeal,the subjects which accept the appeals,the scope of accepting cases of appeal,the procedure of handling appeals and the connection with administrative reconsideration and administrative litigation.In view of the legal urban planning behaviors also damage the rights and interests of the stakeholders,it is necessary for us to establish the perfect system of damage compensation in the urban planning,so that provides maximum relief for private rights and interests and maintain public interests at the same time. 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