Research On The Judicial Relief System Of Administrative Planning

Administrative Planning is an important administrative act, and it plays an importantrole in the use of public power, the protection of rights and interests, the guarantee ofpublic interest and the protection of reliance interest. However, lots people of the judicialpractice believe that our legislation has no direct regulations to the legal nature ofAdministrative Planning, so they consider it as abstract administrative act, and deny thejudicial relief towards itself. Well, people only could rely on the judicial relief towardsadministrative licensing, compensation and so on to protect their rights. It would not onlyincrease the cost of judicial relief, but also waste the resource in unreasonableadministrative planning. For that reason, I will try to analysis administrative planning fromits conception and characteristic, give a classified discussion of its various acts, reconsiderits legal nature, find out the part which should be incorporated into law and belongs tospecific administrative act. In addition, according to the analysis results of cases and law, Iwill seek for the judicial relief of administrative planning under current legal framework.By the design of the judicial relief towards the determining of administrative planning andthe protection of reliance interest while changing, we would realize the judicial relieftowards administrative planning itself, revise the unreasonable administrative planning asearly as possible, and provide some useful ideas to Chinese Administrative Procedural Lawin amending.