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Study On The Public Interests In The Field Of The Chinese Urban Planning Law

Posted on:2005-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:L WuFull Text:PDF
GTID:2156360122485253Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
How to carry out the principle of " planning for public interest "perplexes the Chinese urban planning law and is becoming one of the mostimportant issues of the theory circle. Focusing on the follows thatrealizes the general background of the theory as the microcosmic of publicinterests, I would do the preliminary commentment and discuss on thequestion of basic train of the thought of the article mainly . In Chapter one,I would make preliminary discussion on the functionof the public interests in the urban planning law. Section one explainesthe realistic background of the traditional theories of public intereststhat needs to be re-recognized , and points out that with the changingof the objectives of social economy transformation period, theunderstanding which practises definition of the public interests to theurban planning is changing. Section two states the train of thought andpurpose studied briefly,and then points out that studies on the influencethat the subject matter solved includes the market efficiency that thecity developments and considers to the public interest of planningbehavior,the interdynamic relation of and government's interests andpublic interests in the government plan . Chapter two introduces the studying analysis frame,this chapter tellsthe basic theory on the public interests, including two following respects:Examining the theories of public interests closely under the plural angleof interests of political science (section one), and the public interestsin the law of urban planning is implemented of interests explains the modeof studying (section two) , and then proposes this text analyse urbanplanning public two of interests of law ponder over the step and analyticalmethod (section three). From Chapter three to chapter five, I have collected the materialsabout plan of the government of Shanghai developed to areas of two sidesof Pujiang, and have summed up a case in the practice of field of law ofurban planning tentatively – plan of that areas of two sides of Pujiangthat needs development . Chapter three summed up the situation of fen area planning that areasof two sides of Pujiang develop tentatively. Section one tells thebackground situations of the plan that the areas of two sides of Pujiang ,and points out 4 characteristics that management legislate of planningthat area develop, section three tells the introduction legislates toassess the formulation situation of the draft. Chapter four tells the analysis of the different public interest ofprojects that involve in the plan.And the intention is to analyse theinfluence that the market efficiency that the city develops is consideredto the public interest of planning behavior, two dialectical respectsfunction played toward public interest of main body of interests of andthe developer. Section one tells the situation that the urban land ofargumentation utilizes , section two has explained the situation that theold district develops , section three explains the situation that communalfacilities and infrastructure dispose . Chapter five describes the interdynamic relation of government'sinterests and public interests in the government plan . Discuss thequestion of division of government's interests, try hard to keep sensitiveto all important interests relations, government biggest influence plansthe interests subject of public interest especially. These above-mentioned materials must publish the followingconclusions : (1)Realize the government as the biggest person who influencesinterests in the middle of urban planning .So pondering over theexplanation of the public interests of the urban planning again , hasalready become the focus question of urban planning . (2)Inclinantion to treat the pros and cons function in the urbaneconomic growth of a developer dialectically the middle reality, urbanplanners isolate some parts that can promote public interests from thedeveloper's interests, and at...
Keywords/Search Tags:he public interest, Urban plan
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