A Research On Establishing The System Of Hearing In City Planning In China

The system of administrative hearing is the product of democracy and it is also the core of modern Administrative Procedure Law. It plays a key role in prompting administrative organs to act in accordance with the law, to carry out the law fairly and to protect the legitimate interests of private party in the administrative process. Now in China the system of hearing has started to be implemented a great deal in making administrative decision and a few laws and regulations have been passed to stipulate it. After making a comparative study of the countries where the system of hearing is more advanced, this paper attempts to suggest that the system of hearing be implemented in city planning and to set forth some measures to carry it out by way of combining theoretical demonstration with analysis of concrete evidence.This paper consists of five chapters and there are about 31,000 words.Chapter I A brief account of administrative hearing. "Hearing" has been widely used and there are various kinds of interpretation of it. This paper manages to define hearing and make a comparative analysis of the theoretical basis of the system of hearing by taking into consideration of the fact that the administrative procedure protects the rights and interests of the public.Chapter II The general situation of implementing the system of hearing in city planning in foreign cities. This paper analyzes the framework of the system of hearing carried out in city planning in America, Britain and German. It also introduces brieflythe system of city planning in different countries.Chapter III The necessity of implementing the system of hearing in city planning in China. This paper elaborates from six aspects the necessity of implementing the system of hearing in city planning in China. 1. The requirement to develop the city coordinately and give full play to its functions. This paper attempts to understand cities and city planning from the perspective of systematology and to prove the importance of hearing in city planning by using Descartes "Restore theory". 2. The requirement to balance the interests of the public in making city plan. This paper expounds the necessity of implementing the system of hearing to balance the interests of different city groups in city planning. 3. The requirement to regulate the legal system in china. The paper points out the inharmonious aspects between Administrative Procedural Law as well as its judicial explanation and City Planning Law. 4. The requirement to shift the function of administrative organs in charge of city planning. This paper explicates the necessity for the planning administrative organ to change its function and to implement the system of hearing by analyzing such new ideas of administrative act as "service", "process". 5. The requirement for the public to participate in making planning policy. This paper analyzes that the system of hearing can give the public an opportunity to exercise their right to information, participate effectively in business activity and also can prevent vicious business competition. 6. The requirement to promote sustainable development. This paper elaborates the necessity of implementing the system of hearing in city planning to promote sustainable development by analyzing the system of hearing in "environment impact assessment".Chapter IV The feasibility of implementing the system of hearing in city planning in china. 1. The practice of implementing the system of hearing in making administrative policy. This paper gives a presentation of the current situation of implementing the system of hearing in making administrative policy in china. 2. The practice of implementing the system of hearing in city planning. This paper points out that the system of hearing has started to be implemented in city planning in some cities of China. 3. The establishment of the system of public administration. Thispaper expounds that opening the information of planning makes it possible for the public to acquire specialized skills in planning and a public participation system can be estab...