Chief Planning Judicial Review

Nowadays, there is an intense awareness of the necessity and urgency to make administration plan in a legal way. The constitution established the general plan of running the country according to law, building a country governed according to law at the end of the 20th century, it is an important factor naturally that the central authorities put forward the goal of administering the state according to law, building the government governed by law in ten years at the beginning of 21st century, but important factor house pull down, land acquisition dispute and prominent infringement, abuses of power, corruption that comes out of these dispute that grow in intensity in recent years probably, infringe by these , abuse one's power , hundreds and thousands of people of painful tragedies that corruption cause. The administrative litigation related to urban planning take place more, too.However, few studies offered solutions to disputes concerning administration planning. Existing administrative research of planning pay close attention to more, concentrate category on study even more, such as defining, classification, function, etc.. Administration of justice check mechanism study, lag behind, this include three issue of: First, possibility that administration of justice check, can examine too; Second, range that administration of justice examine, what can check too; Third, the intensity examined, can examine to some intensity. Studies that explore mechanisim of judicial review have been rarely addressed. Issues in relation to judicial review of administration planning such as which kind of such planning should be reviewed and to what extent these plans be examined, must be clarified theoretically.The most administrations of our country plan not to include in the scope of accepting cases of current administrative litigation in practice, make the administration of justice of administrative planning check that study and lose important system thrust in problem. There is function of guiding on administration's behavioral research objectively in administrative litigation, after Administrative Procedure Law is issued and implemented, have obtained tremendous development in China's administrative law science theory. Because of administrative planning and segregation of administrative litigation, make administration plan, lose in administrative law science developing early to study chance and reason of...