Studies On Legal Regulation Of Administrative Planning

Administrative planning as an important and frequently used administrative method, becomes more concentrated. However,due to administrative planning have great differences with the traditional administrative actions in the aspects about intrinsic structure and outside manifestation,how to make sure its nature and take effectively legal regulation ,although educational world after warm discussion,but hard to reach consensus. In reality, cases about the administrative planning violates the citizen legitimate rights and interests occurs repeatedly. But lacks the theory and the related legal regime's support, it is difficult to create an effective legal regulation to the administrative planning, unable provide the normal judicial relief to the administrative relative person whose legitimate rights and interests been violated.In this paper, combing the different point of view about administrative planning theory, use the method of analyse and summary, to re-examine the basic knowledge of administrative planning issues; On this basis, inspects to our country realistic situation, proposed some suggestions about improve the legal regulatory system of administrative planning. The introduction part has summarized the selected topic background and the significance ,the explanation of this article research mentality and the research technique. The body of the content of this article is divided into three parts:The first part, combing the meaning of administrative planning, examining the classification of administrative planning and its legal effect, define the legal nature of administrative planning. This section first through carefully examines various countries' scholar to the administrative planning implication cognition, to disputed that the content carries on the analysis,definition,reached the consensus of the most reasonable of the general meaning,as the theoretical basis of this article. Second, respectively, in accordance with the scope and the level of specificity of administrative planning as the standard, depending on the strength of binding on the administrative planning as the standard, according to administrative planning suitable object as the standard, according to the administrative planning in the compound administration process development phase as the standard, has carried on classification to the administrative planning, and after classifying each type administrative planning legal effect has carried on the comparative analysis. Finally, has evaluated about several kind of most representative theories of administrative planning legal nature ,like the sole nature theory, the concrete discrimination theory, the special action nature theory. Based on this, this article has made in the suitable scope limits to the administrative planning legal nature.The second part, mainly in the methodology of empirical analysis of China's legal regulation system of administrative planning. First, inspected the related legislation present situation about our country legal regulation system of administrative planning. Next, analyzed the related practice situation about our country legal regulation system of administrative planning, summarized our country mainly to present the administrative planning formulation main body multi-dimensional, the administrative planning formulation to take care of procedure, difficult to relief when the administrative planning violate legal right and so on.The third part, rests on the second part of reality inspection, the analysis obtains the difficult problems of our country administrative planning legal regulation ,based on this ,put forward the corresponding appropriate measures proposal. First of all, a detailed analysis of various problems about China's administrative planning legal regulation,such as the fundamental research lag has caused the administrative planning legal regime gaps and omissions to be full,the administrative planning formulation main body and its jurisdiction lacks the rules and regulations,the administrative planning formulation to lack the scientific examination and the rational governance,the citizen democracy participation formalization in chaotic the administrative planning formulation procedure, the administrative planning engagement coordination are bad,implementation of the administrative planning was question proliferation,difficulty to provide reliefs when administrative planning violate legal rights,the administrative planning concepts are backwardness and narrow-minded and so on. Next,put forward the suggestions of consummate administrative planning regulation system. This part including three levels,the substantive law regulation of administrative planning,the procedure law regulation of the administrative planning,the judicial regulation of the administrative planning and judicial reliefs. The level of entity law regulation of administrative planning lies in the administrative planning main body and the jurisdiction regulation with emphasis; the level of administrative planning procedure regulation through to Germany and Japan's model,suggested that our country administrative planning procedure regulation should consider the value basis in the structure,and to make our administrative planning process,the legal regulatory system needs to be improved in the integration of competing planning,centralized powers argument,oversight commissioner system,eliminate the administrative planning enforcement procedures and so on;the level of judicial regulation and judicial relief,one hand focus on strengthening the regulation of the administrative planning discretion power,on the other hand need to extend the benefits of judicial relief to "deserving of protection interests",to deepen the review of administrative planning. And even learn from the experience of Germany, cancel the link between administrative lawsuit scope and administrative action,thus expansion administrative proceeding document scope,better to protect the legitimate rights and interests of administration relative person and formidable sponsor.