From Demolitions Event Together On Urban And Rural Planning Laws Apply

In2012November, our province A County People’s government and relevantdepartments forced removal of Highway Management Department of a housing, thehousing occupied land belongs not only to the highway construction land, also in thecounty administrative region. The case involves compulsory administrative demolitionbehavior, as well as between the jurisdiction of problems caused by different departments,different statutory planning and coordination of the conflict, deeply reflect the content oflegal norms of administrative planning aspects of the complex, provisions applicablecompeting and conflicting superposition.Since the reform and opening up, the socialist market economy develops at highspeed, China’s urban and rural construction, especially the city construction has entered arapid development period. The changes brought about by the development of urbanizationdirectly led to China’s urban and rural planning with highway planning other statutoryplanning as the representative of the conflict and contradiction in many aspects, theinterests of the game appeared all kinds of planning on behalf of the Department, the lawof planning in terms of the applicable process the collision occurs, the contradictions andincompatibilities, problems with the reality, feasibility. I worked in highway managementsystem in our province, in the current rapid development of expressway construction inour province, witnessed or experienced interference on urban and rural planning activitieson the highway planning and construction, and could solve the difficulty, not only affectthe normal development of construction projects, demolition, compensation and otherrelated to work, a certain degree of damage to the basic rights of the public interest and thecommon people.This paper first playback conflict occurred in the process of urban and rural planning,triggering a typical case of demolitions of events, carries on the brief introduction ofthepractical activities of China’s urban and rural planning development, refine the reason ofconflict in the applicable law in the process of urban and rural planning: the relevant legalsystem, urban and rural planning is not perfect; there are conflicts law two, urban planningand other types of statutory planning; different basic construction procedure three, urbanand rural construction and highway and other types of construction projects; four, urbanand rural planning and the lack of effective power restriction; five, urban and ruralplanning law lack of safeguards procedural. Then, continue to demonstrate, from a theoretical point of view put forward to resolve the conflict of legal and practicalsuggestions, the relevant departments for reference: first, improve the legal system ofurban and rural planning; two, establish, perfect coordination mechanism between urbanplanning and other statutory planning; three, standard authority and procedure regulationof urban and rural planning; four, specifically in this case, Highway managementdepartments and local governments to strengthen their coordination and communication.