Study Of China's Urban Planning Legislation

In recent years, China's urbanization process has made remarkable progress, which however has brought about a large amount of problems correspondingly. Urban planning has been accepted as a basic means to solve the urban problems and offer harmonious lives for urban dwellers. The urban planning has been closely connected to urban legislation as a governmental function. The paper first defines the urban planning problems, holding that the nature of urban planning is the interference of planning administrative organizations to land and then using the balance theory to analyzes the basic tool, and analyses the kinds of unbalances in urban planning legislation, on the basis of which it constitutes the frame of China's planning legislation.The paper is of 4 parts, which mainly are:Part I: Summary of urban planning and its legislation. At first its states the concept of urban planning, category and legal feature, and then it studies the reason of urban planning, pointing out that the reason of urban planning lies in the market failure, but the government's interference to land market is of failures either, and finally it puts forward that the urban planning legislation optimizes the land resources and the harmonized development of individual and social public interests through power and right collocation under the preconditions of the both failures of market and government collocations of land resources.Part II: it introduces systematically the theoretical basis of China's urban planning legislation. From the points of view of urban economics, urban sociology, urban regulation and urban planning ideological basis, this part proves that the urban planning legislation should choose balance theory as its theatrical basis, and bases on which it develops the analysis of balance mechanism of urban planning legislation, that is, the gross balance of power and right and that of structure, this is my new idea of balance theory. This paper is the logical result of balance analysis.Part III. After looking back the birth and development of China's urban planning legislation, this paper makes some analysis of the existing problems in our urban planning legislation, which sum up as unbalance phenomenon, that is the unbalance in legislation ideological instructions, the unbalance in planning systems, unbalance inplanning implementation and supervision system as well as the unbalance in right relief and power supervision system.Part IV: The city planning lawmaking actuality is analyzed with the balance theory and points out the guidance, the thought, programming establishment, programming implement and the right relieve and inspection The frame of balance structure of city planning lawmaking is founded on the above-mentioned analytical results:1. To guide the thought in the lawmaking, the city planning method should take the person's dignity as the direction;2. To establish the equilibrium pricinple, procedure of power proper participate the principle, trust protection principle and programming with public principle on the base of lawmaking;3. To draw up the programming implement in the charge of and right succour the main system.The city planning system is the core contents of the city planning law. and also the precondition and ensure to be carried out. It also need to be supported related systems. The procedure system is of the special importance in the city planning system. Only passing fair, reasonable city planning of the authority establishment of procedure system can the public rights of awareness, participation be ensured. It can standardize the behaviors of the artificial persons and general and structure of right and power, thus the tenet of the city planning will come true.