Analysis Of Regulatory Change

Town and country planning is the planning of a special form, in the modern administrative, it plays a more and more important role. Characterization of a governmental authority as the town and country planning, reasonable or not, the harmonious relationship between the urban and rural development and the effective realization of social welfare; On the other hand, town and country planning is the public interest requirements, the property rights of individuals and the related rights to restrict behavior. Government power must be constrained by town and country planning of the rule of law is an inherent requirement of the law, the legal system of public administration is the inevitable trend of development. In the town and country planning process, in order to achieve good social development, the protection of personal rights and social interests of the public must be the planning authority of the Government acts in accordance with the law and norms and restrictions, the rule of law in accordance with the request of the Government to act to protect the legitimacy of urban planning, reasonable and scientific.Modern town and country planning and traditional town and country planning one of the important differences between town and country planning is to be incorporated into modern legal norms adjusted the scope of town and country planning activities must be carried out according to law, the realization of the rule of law. Enacted in 1984, "The Town Planning Ordinance" is China's town and country planning into an important symbol of the legal system, the 1989 Ordinance in law. However, "the Town Planning Law" as the core planning legal system has many drawbacks; academics urged their voices heard about changes. 2007 China Youth Daily, the Social Survey Center of Sina Net conducted a survey, the overwhelming majority of people expressed dissatisfaction with the local urban planning, urban and rural past, mainly due to the lack of democratic participation in the planning process mechanism, the public is not aware of the planning, no comments the reaction, and planning authorities violated Planning Act planning, against the citizen's legitimate rights and interests of the situation from time to time. Against this background, on January 1, 2008, "Town and Country Planning Act," official purposes, as a building on the town and country planning and management of basic laws, the implementation of it is a timely response to the general trend of urbanization of the important strategic initiatives , and the coordinated development of urban and rural areas will provide a more effective legal system to protect and support, but also will be on the executive of town and country planning work of the tremendous impact.In the rule of law and constitutional context, this paper attempts to collate and summarize China's town and country planning on the basis of the legal system, with foreign experience and legal theory based on the "Town and Country Planning Act," has just been implemented in the environment, in light of the new situation and new requirements, town and country planning for the rule of law in the conduct of the specific path, with the rule of law means to achieve the legitimate power of town and country planning, science, the operation of democracy, protection of the legitimate rights and interests of the public in order to establish the rule of law in line with the Government's requirements of urban and rural As the planning of the characteristics of town and country planning in the legal system and the legal systems of town and country planning requirements of the rule of law, and several elements of the legal temperament, on those aspects of the law from the power of town and country planning norms and constraints , in the new legal system of town and country planning in town and country planning areas of the need for change, summed up the study of town and country planning is the manifestation of the rule of law, requirements, and the path clear in the direction of the rule of law, the outcome of the consolidation of the rule of law, and make a deeper level of the expectations of the rule of law.This thesis is totally divided into five chapters:Chapter 1, town and country planning's basic meaning and the rule of law History. On the main part of the meaning of town and country planning, and the characteristics of China's town and country planning the evolution of the legal system. Clear the planning of town and country planning is a special form, the administrative regulation and control, a legal and political nature of the legal system of China's town and country planning began in the early 20th century, to adjust to legal norms have some history of urban and rural development foundation.Chapter 2, analytical the town and country system of the planning law. This explained some of the major countries of the world and China's town and country planning legal system. Some of the foreign countries of the legal system of town and country planning and system characteristics, the number of China's town and country planning voluminous law, various types of uneven distribution of the legal system characterized by comparison, has embodied China's legal system in town and country planning policy and technical the characteristics of strong and repeated deliberation, carefully revised "Town and Country Planning Act," pointed out that town and country planning in the direction of the rule of law.Chapter 3, entity content analysis of town and country planning laws. This is part of to mainly elaborate the town and country planning law on Administrative Law qualitative, and from reality and what it should be the point of view of the town and country planning must accordance with the law and abide by the principle of proportionality, trust principle, a public participation and protection of the rights and interests of stakeholders, and then analyzed town and country planning and the legal responsibility of the planning authority of the law.Chapter 4, rule and regulations of the authority of the town and country planning. On the main part of the "Town and Country Planning Act," the executive the right to regulate and control the planning of the characteristics and performance. Town and country planning as the typical operation of the power field, we must proceed from the law of effective regulation, the first of its performance characteristics for the organization to pass laws to control the executive power vested in entities controlled by principle, the rule of law as to procedures town and country planning of the core of the rule of law. Then analyzed the "Town and Country Planning Act" on the basis of the plan of power, the power to approve and license, the right to revise the norms and change control, a clear rule of law to further the rule of law and the results of expectations.Chapter 5, system changes of town and country planning. As a major part of the town and country planning on the construction and management of basic laws, "Town and Country Planning Act," its implementation, coordinated urban and rural development to provide more effective legal support and protection system also will be on the functioning of town and country planning have a significant impact on. Under the Town and Country Planning Act in the law, institutional mechanisms for planning and monitoring system will be adjusted accordingly, the relevant legal system, administrative system and the supervisory and regulatory system need reform, to adapt to the process of the rule of law.