Interested Parties The Right To Protection Of The Land Use Planning Mechanism

Land planning will not only involve the land resource's accommodation of a certain region in the future, but also touch numerous interested parties'legal interest, who have attached in the planned land to producing and living. So when land planning is designed and implemented, how to protect the interested parties'legal interest is an important issue.In the base of dynamic and static features, the most effective and efficient way to protect the interest parties is to allow interest parties to participate in the land planning activities. As one of subject of the land planning's formulation and implementation, they can protect themselves timely and adequately. However, the situation from theory to practice that interest parties involved in land planning is disquieting. First of all, the concept of "interest parties" is ambiguous, leading to the land planning'subject can not be protected clearly. Secondly, China's legislative practice has no specific《Land Planning Law》to guide the formulation and implementation of land planning process. Land planning process can only refer to the《Land Management Law》,《Town and Country Planning Law》and other lower laws and regulations. In these rules, the procedure of public participation in the planning process is only staying in the level of declaration, without more detailed operational regulations. The rights of the interest parties (include the right to know,the right to express,the right of hearing and so on) in land planning can not be protected effectively. Finally, because land planning are both abstract and concrete, the judicial practice of land planning has been accepting and hearing the specific administrative act in accordance with land planning barely, like administrative licensing,administrative penalty,administrative adjudication etc. The interest demands that interest parties want to prosecute the land planning content itself is not be accepted. Hysteretic judicial guarantee can not give interest parties relief timely and efficiently, which affects the realization of participation rights.Land planning has been more than just an administrative management tool, the value of its public policy has been become increasingly evident, and thus the land planning process of formulation and implementation needs more attention to coordinate the relationship between public interest and private interest. This requests interest parties'participation during the land planning process objectively in order to ensure land planning's authority and scientific. Therefore, based on the current status of the rule of law development, this article intends to launch research from the range of interested parties,the right of interested parties,participation procedures and judicial relief in order to build the interest parties'right protection mechanism in land planning process.