A Study On The Scope And Intensity Of Judicial Review In Urban Planning

Concerned to China, the 21st century is the city's century. At present the development of urbanization in our country is very fast. The scale of city unceasingly expands the construction of new city and the rebuild of old area all need a legal, reasonable and detailed urban planning. But because defects of our country's urban planning system and the limits of administrative procedure law, the detailed urban planning which is the foundation of urban reconstruction actually does not have a legal status. So if the citizen'rights and interests were violated by the detailed urban planning, they cannot obtain promptly, effective protection through the administrative proceedings way.This article can be divided three chapters:Chapter 1 mainly introduces the concepts and the characteristics of city, urban planning and urban planning administrative litigation. First I understood the urban planning from legal angle: it is one kind of administration, the urban planning agency gets the goal of controlling the city land utilization through the establishment, the examination and approval, the adjustment and implements of the urban planning in the scope of its administrative power. The most important characteristic is that it is the method the government controls the open market; the government has most authority in the urban planning management. The government plays important role not only manifests into the city's land utilization controlling, but also manifests into reassignment of the city's space. Second, I summarized the concept of urban planning administrative litigation as: because the citizens, the corporations and other organizations have opposite opinions to the urban planning administrations and refuse to accept them, they take the lawsuits to the urban planning administrations. It has some obvious characteristics such as the determination of the defendant is complex; the effect of society is greatly, the trial needs to be more careful, the more respect ions to the power of urban planning administrations.Chapter 2 mainly discusses whether we should bring the detailed urban planning into the scope of judicial review. First I introduced the provisions about scope of judicial review concerned with detailed urban planning in The United States and the German. Pointed out the zoning which takes similar role to our contrary'detailed urban planning can be taken into the scope of judicial review as state'law in American. And the city construction planning can be taken into the scope of judicial review though German administrative court law and the construction statute. Second, I analyzed the important practical meaning and 2 theoretical obstacles if we bring the detailed urban planning into judicial review. Finally I suggested we should take it into the scope of judicial review.Chapter 3 is about the question of intensity of judicial review after bringing the detailed urban planning into the scope of judicial review. In this chapter, I also introduced provisions about the intensity of judicial review concerned with the detailed urban planning in The United States and the German first. Next, I analysis our country's situation and suggested we should take the criteria of fitness for legal purpose in wide meaning when the judge take judicial review. Finally, I specifically elaborated the criteria of fitness for legal purpose in wide meaning should including validity review, rationality review and purpose review.