On The Legislative Defects And Improvement Of

< Urban Planning Act of PRO carried out since April. 1 1990. This is first set of the laws which adjust the urban construction since our country founded. This means our country has entered into the formal path Current the law shows the more shortcomings and the weak point during the developing of the urban and rural construction and the foundation of the market economy system of the past 10 years, it is the difficult to meet the more request from the Chinese economy, society and socialist legal system. As for needs for the amendment for< Urban Planning Act >and the draft the new one , we are forced to take more consideration and present the rectification and the completed suggestion based on the current < Urban Planning Act >and the problem which we encounter while < Urban Planning Act > proceed.The summary has three parts, the first part introduce the essence of urban regulation public policy, the concept of < Urban Planning Act >, working area , and the simple analysis of relationship with law on - urban planning .The second part emphasis on the defects and weak points on our current < Urban Planning Act >. We point out the conflicts among our evidence of constitution of PRC, the priviledge balance and the rules of constitution of PRC; the mixture between the function spot .the public interest of < Urban Planning Act >and the ignorance of property right caused the difficulty of execution and social contradiction speed up; the more administrative discreation the more negative effect is caused ;the difficult of executive leads to the construction-illegal being in flood; analyze the roots for the various problem .Last part relay the proposal for the < Urban Planning Act >, firstly set up the discipline, verify the location for function, flow over the frontier of public interest, ensure the protection rules between the public and the personal interest, standardize the administrative discreation, strengthen the executive priviledge. Then absorb the experience from foreign urban regulation. Working out the public participant programme, compliant the demonstrative measurement, finally completed the law on- the whole urban regulation system .