Legal Regulation On Arbitrary Change Of Urban And Rural Planning

With the rapid development of our economy and the continuous improvement of living environment, especially the rural planning has been included in the overall planning of urban and rural areas by the urban and rural planning act, large-scale urban and rural planning begin compiling implementation, urban and rural construction and old city reconstruction project has started to flourish. But due to the rush planning, the phenomena of planning arbitrary changing exist broadly, which results a series of social problems. Although the urban and rural planning act provisions of the main body, content, procedure, illegal planning situation, responsibility undertaker and bear of the planning, as a result of local deformation and complexity, the provisions of the law cannot be implemented, which brings difficulties to the implementation of the urban and rural planning act. As a result, study the problem of planning arbitrary change in urban and rural planning implementation, build and perfect the system, are helpful to promote the progress of the science of urban and rural planning implementation and it also has strong practical significance.The essay follows the train of thought of raising questions-analyzing problem-solving the problem, and through the analysis of three typical cases, the author leads the urban and rural planning arbitrary change problems in the implementation of the urban and rural planning act, then, through analyzing the reasons, the author puts forward the suggestion, which strives to promote the reasonable planning of urban and rural areas, drive the rapid development of urban and rural economy. The essay can be divided into three parts:The first part is the theory of urban and rural planning on why it can’t be changed arbitrarily. Mainly from three points of view:the nature of urban and rural planning, the government’s authority and resource protection. By introducing the positive content, the author picks out the irrationality of urban and rural planning arbitrary change from the reverse side. The second part is to analyze the root cause of the urban and rural planning arbitrary change problems. Mainly carries on the analysis from four aspects:First, the urban and rural planning change system is easy; Second, the competent department of urban and rural planning is too much, and lacks of effective supervision in the planning process; Third, the urban and rural planning decision-making and planning solution lacks continuity and stability; Fourth, urban and rural planning changes at lower cost and related responsible liability is low.The third part is the countermeasures and suggestions to solve the problem of planning change randomly. Mainly from four aspects:First, standard the causes, conditions and procedure of urban and rural planning change; Second, narrow the discretion of the department of urban and rural planning, strengthen the public participation; Third, apply administrative accountability system to the relevant responsible units of urban and rural planning arbitrary change; Fourth, strength the juries review of urban and rural planning arbitrary change.