The Improvement Of Our Urban Planning Legal System

Adapting to the change of economic system and governmental function, our current legal system of urban planning needs to be improved. With the comprehensive analysis approaches of economic law, Sociological Jurisprudence, legislation law and administrative law, this thesis, following the research routine of putting forward question, analyzing question and solving question, puts forward some legal proposal for the construction of harmonious and uniform legal system of urban planning.Firstly, beginning with the introduction of the concepts of urban planning's legal character and urban planning law's function, this thesis analyzes the defects of our nation's current legal system of urban planning, mainly pointing out the fundamental issues of current Urban Planning Act of PRC, such as the disaccord of the subject of making urban planning and its function, the absence of democracy in the process of making urban planning, the loose enforcement of urban planning; the lack of supervision to enforcement of urban planning and the absence of criminal responsibility system of urban planning. Secondly, referring to the advanced ideas of Charter of Machu Picchu, Charter of Athens, this thesis studies the legislation characteristic of States and local cities' urban planning in the United States, and the important legal systems of urban planning in U. K and Japan, such as public participation, planning reconsideration, planning appeal in U. K and ground planning in Japan. Lastly, on the basis of new legislative idea of urban planning, this thesis, combining with some cities' legislative experience of urban planning, such as Guangzhou, brings forth some legislation proposal as following: to obviously regulate the subject of making urban planning and its function; to strengthen the transparency of the process of making urban planning; to increase the enforcement intensity of urban planning; to consummate the supervision to enforcement of urban planning; to perfect legal responsibility systems of urban planning.