Study On The Balance Between The Power Of Government Planning And The Right Of Public Participation In The Urban Land Planning

Land is one of natural resources for the human existence and development. The scarce character of it determines that land is one of an important property. The contradiction caused by the unbalance between government’s planning power in the urban land planning system and the public participation is thoroughly motivated by "Xiamen PX Event". Therefore, it is urgent to build "balance model" to realize the balance between them in a certain range. In view of China’s government planning right’s too much inflation, the right of public participation seriously compressed the reality, realizing effectively their balance should be worked along both lines. On the one hand, we should regulate effectively the government planning’s excessive discretion through the supervision by the law and system reform. On the other hand, we should strengthen the public participation in guarantee and the relief of legislation and public participation in the way for detailed regulations through the establishment and perfection of our public participation in system and mechanism, whose constant development can limit the expansion of government planning power to realize the balance between them. But in the balance, we should also pay attention to the balance which is a mutual role. We should not only avoid the excessive tilt in the balance, but also avoid the hypercorrection of the other. We should realize the balance in a certain scope and benign interaction between them to promote the development of urban land planning system.One of the important features of economic globalization is the socialization of the legal system. In the process of China’s socialist market economy was established and gradually improved, the implementation and management of land use panning are required transitions from the administration responsibility to the rule of law. Therefore, the thesis focus on the main line of the legal system of urban land use planning, to in-depth study the basic theory relevant to the urban land use planning. With a view to future urban land use planning practice can be beneficial.