Balance Between Public Power And Private Rights

As one of the important factors to the development of modern society, the urban planning has gone through the market economy'S development and becomes more and more important.The current legal regime in respect of urban planning is centered at the Urban Planning Law,which,however,is the result of the planned economy.It'S based on the monopoly ownership of land resource under the planned economy and the social form that the government to be the developer.The urban planning is the extension and specification of the plan for national economy.In the aspect of land use and zhe layout of urban space,the urban planning pay more attention to function relation ship and aesthetics of architectural groups whi le in the plan implementation it pays attention to coordination of relations between various departments and has formulated tedious procedures for administrative examination.With the continuous development of the SOCial economy,the current legal regime in respect of urban planning is insufficient to meet the requirements of the market economy and the increasing confl icts have impeded the social development.This thesi S elaborates the viewpoint of the author that the purpose of urban planning laws is to balance the public power and private rights by analyzing the basic principals of the urban planning laws.This thesis composed of four parts except the recitals. In the recitalS,the author directly gives the viewpoint of the research,that is,the urban planning iS used to balance the public power and private rightS during the development of the City.The first part iS the overview of the legal regime of urban planning,which provides the conceptS,features, category , historical developments of the urban planning and the introduction of some advanced planning Iaw system in count ies over the world. The second part iS the legal control of urban planning,which set forth the necessity of the 1egal control over the urban planning.the contr01 methods and the detailed measures for implementing the contr01.The third part iS legal remedies regarding urban planning.whi ch gi ves a detai】analysiS of various remedies avai]able in the formulation,implementation, variation and punishment regarding the urban planni ng to support the conclusion that the remedies available to the parties subject to the planning administration are important measure to keep the balance between public power and private rights.It points out that it'S necessary to establ ish the planning compensation pol icy.The fourth part looks jnto the Chinese legal system of the urban planning in future,which points out the main weakness in the current legal regime and put forwards some vague ideas on the direction of the development of planning laws in the fature. Through the four parts,the author giyes a brief analysi S on the current legal regime of urban planning in China,points out the main prob]ems in the developments of urban planning and gives its viewpoint regarding the future deve l opment.