Research On Problems Of Law-enforcement Of Urban And Rural Plan

Urban and rural planning legitimate authority is the first principle in urban and rural planning administration by law, meaning includes:All administrative functions and powers authorized by law; Administrative activities must be based on legitimate authority, unauthorized invalid; Legal administrative functions and powers must be positive and fully exercised. Urban and rural planning administrative law enforcement is the safeguard of urban and rural planning implementation, it is also the essential way to urban and rural planning construction management. In terms of present situation of Zhejiang Province urban and rural planning administrative law enforcement system, there are mainly three kinds of cases:First, area which has established district (county or city) level City Urban Administrative and Law Enforcement Bureau, planning administrative law enforcement power has all transferred to City Urban Administrative and Law Enforcement Bureau; Second, area which hasn’t established City Urban Administrative and Law Enforcement Bureau, planning administrative law enforcement power still all belonged to planning department; Third, area which hasn’t established City Urban Administrative and Law Enforcement Bureau, in the name of planning department, planning administrative law enforcement power is delegated to Urban Construction Supervision Unit, township and street. According to the regulations of the State Council and Zhejiang Province, in the light of local realities, Ningbo urban and rural planning administrative law enforcement system also experienced a historical origin. On the basis of Municipal Government Special Session Protocol (2006) No.62"On Urban City Planning Administration Authority of Administrative Penalty Transferred Coordination Meeting Minutes", from October1st,2006, within Ningbo urban area, the authority of administrative penalty provided by laws, regulations and rules of planning administration all concentrated to City Urban Administrative and Law Enforcement Bureau.Since "Act of Urban Planning" passed on eleventh session of the Standing Committee of the seventh National People’s Congress, December26th,1989, after decades of legal system construction, foundation of executing the law has formed through the mainstay system, including laws, administrative laws and regulations, local regulations, departmental regulatory documents, which leads urban and rural planning administrative law enforcement further towards legalization. On December5th,2000, Ningbo Municipal People’s Government issued "Ningbo Violation of Urban Planning and Construction Processing Method" under government notice No.85, which provided standard rules on Ningbo urban planning in violation of laws and regulations of the illegal construction behavior. At present, Ningbo is drafting "Ningbo Urban and Rural Planning Implementation Administrative Provisions".Ningbo has obtained certain results in the process of urban and rural planning administrative law enforcement, but also faced a series of problems. As the current situation of Zhejiang Province’s urban and rural planning administrative law enforcement is concerned, these problems are with certain univertality and regularity. For instance, the process of city urban administrative and law enforcement department which fulfill urban and rural planning administrative law enforcement power is fraught with difficulty; it is difficult to investigate and collect evidence; it is difficult to identify the main body of illegal construction; it is difficult to identify the types of illegal construction and professional identification skills; it is difficult to enforce laws and regulations in illegal construction; some other uncertain factors exist in the investigation of illegal construction, etc. The cause of Ningbo urban and rural planning administrative law enforcement existing problem is systemic, not only institutional reason and law enforcement main body reason, but also legal factors and complex social, interest factors.Solving existing problem of Ningbo urban and rural planning administrative law enforcement is a systemic project, it requires a variety of paths cut into comprehensive consideration and strategy design. First, to properly acquaint with public policy of urban and rural planning, and improve supervision and inspection system for urban and rural areas. Second, for the relatively centralized administrative penaity right of urban and rural planning which brought many negative impacts to the urban and rural planning management, the existing urban and rural planning administrative law enforcement system needs to be reformed and improved. The existing urban and rural planning administrative penaity right is relatively centralized, it is a violation of several principles of law like legitimate authority, uniformity of law and urban and rural planning centralized management system, further targeted reforming and perfecting are required as well. Third, to further improve construction of the supporting system of essential law and regulation. Unified legal basis for urban and rural planning law enforcement and standardization of the law enforcement should be provided. Fourth, to strength the supervision of news media and social reaction, and to expand public participation. To strength urban and rural planning publicity, and to expand public participation and sense of planning. Fifth, Various functional departments shall work hand in glove. Illegal construction process invovles public security, transportation, industry and commerce, sanitation, land resource, fire protection, etc. Each department should be united and work jointly to crack down illegal construction.