Study On Legal Procedure Control Of Administrative Planning

Administrative planning, as a new means of modern administration, has been appliedmore and more widely and frequently. Also, great importance has been continually attached tothis issue. However, researching is a process of arising a problem—studying theproblem—solving the problem—then arising a new problem–studying the new problem--andsolving the new problem. Now the researches on administrative planning are still inpreliminary stage, and cognition on the nature and legal control of the administrative planninghave not been reached. On the contrary, there are many cases of infringing the lawful rightsand interests of the administrative relative person due to administrative planning. As we allknow, the value of the research is determined by the research object itself and the reality.Either from the aspect of administrative planning itself or problems existing in reality,studying on administrative planning is an urgent task. This thesis will make a research on thelegal process control of the administrative planning, so as to solve practical problems inadministration. The thesis is divided into six chapters:The first chapter mainly summarizes the problems existing in administrative planning,such as multiple types of administrative planning leading to difficulties of definition;authority configuration of administrative planning’s formulation main body is not clear;administrative planning’s procedures is unknown; administrative planning tort relief faced adifficult situation, etc.The second and the third chapter redefines the administrative planning, focusing onreconstruction of the concept and analysis of the legal nature of administrative planning. Inorder to resolve various problems in administrative planning, and get rid of the dilemma ofrealizing legalization of administrative planning for its various types, the thesis deserts it isnecessary to redefine the concept and nature of administrative planning, and construct areasonable theoretical base for it. Therefore, this part firstly introduces different definitions ofadministrative planning by scholars in many countries, and then divides the definition intotwo categories, that is, administrative planning in broad sense and narrow sense. Bycomparison, administrative planning in narrow sense meets the requirement of legalization atpresent stage. Based on this research, the author summarizes the meaning of theadministrative planning which is regulated by the administrative law in the present stage. Then, the third chapter analyzes the legal nature of administrative planning. Lacking relevantexperience on administrative planning in China, this part, by introducing experience of Japanand Taiwan of China, finds it difficult to define the legal nature of administrative planning.Therefore, this thesis attempts to analyze the legal nature of administrative planning byintroducing a new methodology of Jurisprudence--"administrative process theory". It isconcluded that the legal nature of administrative planning is decided by the stage ofadministrative planning. If administrative planning is determined by decision or approvalform, and the simultaneously determine the planning stage of the ruling behavior or approvedbehavior can produce the corresponding legal effect, the legal nature of administrativeplanning can be called specific administrative action.The fourth, fifth and sixth chapter puts forward that the fundamental way to solve theproblems of administrative planning in China is the legalization of administrative planning,and the most important one is the legal procedure control of administrative planning. Basedon overseas advanced experience, Chapter four focuses on Germany and Taiwan’s legislation,with the Chinese scholars’ research achievements on legislation of administrative planning inChapter five, that is "administrative procedure law"(Draft)(2002),"administrative procedurelaw"(Draft)(2004) and "administrative procedure law"(Draft)(2005), proposes suggestionson improving legislation on administrative planning and tries to draft relevant legal provisionsin the sixth chapter.