Research On The Beijing Urban Planning Ordinance

The core planning law is the most abstract description of urban planning in a country. The modern urban planning laws developing in the west show that those laws were amended so many times from born to now. The first Urban Planning Law in China was issued in 1989. It is the 15 years (1989-2004) that the urbanization went fast. In the theory field, many new thoughts and materials about other countries were imported, which improved our vision and mind; in the practice field, the economic achievements and city improvements made people pay more attention to planning, which changed the intension and extension of urban planning. The Beijing Urban Planning Ordinance, which was issued in 1992, is too old to fit the new circumstance. So that it must be amended to fit the new period of urban development, to fit the need of establishing the "socialistic market system", and to fit the need of making up the social law system.Our research is a part of amending the new Beijing Urban Planning Ordinance project. This thesis will introduce the local legislation theory, comparatively study the history of urban planning law, and analyze the existing ordinance, so as to provide advices on the new ordinance. We think that the new ordinance should establish a new planning technique system, strengthen the ground rules, push the public participation, detail the duty regulations, etc. Particularly we design a "duality & multiple levels" system of planning technique, a planning permission system based on "controlling rules", an architecture permission system based on "classified permission rules".In this thesis, we firstly introduce the local legislation theory, in order to clarify: â‘  the status and effect of the new ordinance in the nation law system;â‘¡ the procedure of local legislation and the period of our work in the whole legislation plan;â‘¢ the related theory in science of law. Secondly, we go through the history of planning law and summarize those regular patterns in it, in order to clarify the normal disciplines and status. Finally, through the method of document study, comparison, and social investigation, we draw the conclusions about the new ordinance.