Pudong New Area, Urban Planning And The Rule Of Law Legal Thinking

Urban planning originated from reforming movement of western city. Along with the development of social economic and the emergence of morden cities, the idea of urban planning rose and developed gradually. After the Industrial Revolution, cities expanded rapidly. Since then, modern urban planning came forth in the 19th century and had been developing during 20th century. As a result, the legalization of urban planning has also been developing continuously.The article first of all defines what is urban planning and what is legalization for urban planning. As conclusion, the legalization of urban planning is an intergrant part of and nesessarily essential to the legalization of city, as city construction and management also needed to be legalized.The article discusses the legalization of urban planning in the USA, Japan and Singapore. In the USA, the system of urban planning laws, which divides into three layers (union, state and city), is based on the law of authorization of the state. Citizen initiative and referendum rights, as essential parts of the democratic system of local autonomy in the USA, make the democracy and justice of the urban planning guaranteed.In Japan, it is the legislative branche rather than the parliament who controls over the case prominently due to the long history of centralism in the country. From the central government down to local governments, Japan has established a system of urban planning councils to give suggestions to urban planning lawmakings.As for Singapore, the central government takes all the responsibility for urban planning as Singapore is a city-state. However, the government encourages the citizen to participate and give advices to make policy to maintain the democracy and justice in the process.Then the article analyses the different situations of the legalization of urban planning in Beijing, Zhujiang Delta and Shanghai. The system is quite centralized in Beijing, while in Shanghai it tends to be more decentralized. The situation in Guangdong is more or less in between.The article reviews the history of urban planning in PUDONG during the last 20 years. Since 1990, the idea of urban planning of PUDONG has been renewed for several times, which contributed to create a fair ecological environment and a well-structured city system containing different industrial distribution areas. With the analysis of the urban planning of LUJIAZUI Financial Area and WAIGAOQIAO bonded area, the article summerizes the initial starting of PUDONG's development, the change in PuDong's urban planning and its current state, then figures out the reason for the revolution of urban planning in PuDong during the last 20 years. The article also analyses the establishment and execution of the legalization of urban planning, indicates the relationship between the legalization of urban planning and urban construction and management.Futhermore, the legalization of PUDONG urban planning is also discussed in a perspective of jurisprudence. Urban planning is not only the blue print but also the legal basis for city construction, because it provides foundation to reconcile any possible conflict in the development of the society. The sustainable development of city, the standardizition of city construction, and the effectiveness of city management are closely related to the legalization of urban planning. The urban planning and construction could definitely be benefited from strict laws. Due to the complexity and unpredictability of urban planning and the high-speed development of city construction in China, the legalization of urban planning in PuDong is still needed to be improved as follows:Firstly, establish a complete legal system of urban plannning. The administration department must take actions strictly in accordance with the law while improving the legalization to gain more confidence from the public. The legalization of urban planning is needed to be complete, the lawmaking and law enforcement are also needed to be standardized. Any potantial conflict among related stakeholders must be discovered and mediated smartly by an improved supervision mechanism.Second, appropriately deploy the social resources of urban planning. The questions here include who makes the planning and who takes control of it, how to limit the discretion of execution department, encourage more ordinary people to participate in the urban planning. It is important to have a group of reprentitives from grassroots to change the current imbalance between the power of goverment and the opinion from the public and to establish a multi-side participation system.Last but not least, emphasize the seriousness of urban planning. As the Socialist Market Economic Structure is still under development, the execution of planning is often strongly effected by the change of social enviroment. An emphasis on the authority and normalization is indispensable.