The Study On The System Of Judicial Review Of Administrative Planning

Administrative planning refers to the administrative main body in order to achieve specific administrative target in certain period in the future plans to take the methods, steps and measures to make the binding design and planning.Administrative planning is also known as the administrative plan, administrative and management innovation is a plurality of later model is an important part of administrative action, is also the modern administrative management means and way.Although our country implements planned economy for years, but the study of administrative planning is not deep, discussed the concept of administrative planning amount does not see more.Since the year2000, more and more scholars begin to pay attention to administrative planning, but overall, the administrative planning law degree still remains to strengthen.In China, administrative planning violations of the legitimate rights and interests of citizens and inconstant in policy happens, because of the administrative planning modification, suspension or failures and to cause loss or damage to, generally in practice, are not administrative compensation, but also related to the lack of legal basis.This phenomenon seriously hurt the government’s image, but also with the strategy of ruling the country by law conflicts, which caused the domestic and foreign academic circles.Planning administration unilaterally, discretion and complexity characteristics, it as a government in the market under the conditions of the important means of intervention, extensive role in the economic, social and cultural life.However. in practice, a large number of administrative planning is outside the law, lack of legal restriction, which leads to the abuse of the right of planning that civil rights wanton infringement.Judicial review is to protect people’s legal rights are the most important and effective way of administrative planning, but also guarantee the acts of the administrative relative person’s last line of defense, the system of judicial review on administrative planning research, has the vital significance.From the operation of power and administrative organs in view of the nature of administrative planning, judicial review of the act of administrative organs and can avoid the tyranny of the wanton act, the protection of public interests; protection of rights and interests for the administrative relative person, provide the way justice.The author puts forward the problem of judicial review on administrative planning on enlarging the scope of administrative litigation, administrative planning Actionability of administrative planning behavior; balance in the discretion of the wanton as, control of administrative planning discretion, safeguard the administrative relative person rights and interests, the extension provides a way for justice;On the administrative planning and the judicial review of legislation, hoping to improve the current our country administration planning practice in administrative planning process, planning of interested people have been protested the rights and opportunities, only must obey the planning implementation and arrange duty, in the planning and implementation of the process, in case of alteration of planning caused harm, regardless of whether this change is legitimate, change administrative organs without any liability whatsoever, the victim nor in planning behavior or planning changes to bring administrative or judicial relief, the legitimate interests are not relief safeguard condition.Because of our administrative planning in great majority cannot be included in the scope of administrative litigation cases, loss of administrative planning system of judicial review of the main thrust."Administrative procedure law" put forward, indicates that China has made great progress in the theoretical study of science of administrative law, leading role.Administrative planning and the administrative litigation phase segregation, lost opportunities and motivation for the research and development of administrative law in the early stages of development, which continues to this day, in the administrative planning can produce a fundamental change.This paper is on the system of judicial review of administrative planning research, while also trying to introduce some other countries and regions related problems, we hope to our administrative planning the future development to be able to help.The judicial review of administrative planning theory and practice problem made brief discuss, is divided into four parts.The first part mainly discuss on administrative planning overview, including the administrative planning concepts, classification, characteristics and legal nature of the paper, and further illustrates the formation procedure of administrative plan.The second part, is mainly explained the behavior of judicial review of administrative planning category the necessity and inevitability of the.The firstly part is through a classical administrative planning case of current our country exists but has not caused enough take seriously the administrative planning tort phenomenon is discussed.After the trial results and the controversial focus made of, into this topic.In this paper the concept of judicial review and judicial review on administrative plan the important meaning, from the two aspects of the planning administration of the necessity of judicial review:Firstly, from the meaning of judicial review of administrative planning is to maintain the public interest needs.From the administrative planning itself contains legal, public participation, planning discretion and public benefits and other factors, which is to ensure that administrative subject administrative needs;Secondly, from the perspective of justice, in order to better protect the right of participation will need administrative planning into the judicial review-scope, emphasize the judicial review to administrative planning role.The third part analysis of China’s judicial review of administrative planning problems.From the administrative planning and lack of legislation, administrative planning procedure democracy, the lack of planning content lack scientific sex, rationality and stability as well as the legitimate rights and interests of planning the lack of relief protection of these four aspects analyzes China’s current administrative planning problems and dilemmas.The fourth part mainly to the establishment of our country’s judicial review system of administrative planning conception.Content analysis is proposed to extend the scope of administrative litigation, administrative planning Actionability of administrative planning; control the discretion and on the administrative planning and the judicial review of legislation.And in the light of specific administrative planning in judicial review in the details of the analysis of planning discretion defect review and planning balance defect review.Judicial review on administrative planning on the way from the content of review of administrative plan, determine the behavior of the review of administrative planning modification behavior review three aspects.In addition, also suggested by improving hearing procedure as well as the prosecution time is determined and the litigant determination.The focus of this paper is mainly directed against the administrative planning perfect judicial relief programs, expand the scope of judicial review, to ensure as far as possible will lead to the administrative relative person rights and interests are damaged or will be on the administrative relative person rights and interests damage caused by administration of planning in the system of judicial review, to compensate for the specific administrative act research on judicial review of administrative planning and puts forward the deficiency.In plain language, taking place on the side for administrative planning caused by administrative litigation cases, uses the step analysis method, comparative analysis, normative analysis and case analysis method, the problem of judicial review on administrative plan is discussed.This paper is based on the recognition of the nature of administrative plan, administrative plan into the judicial review analysis the necessity and feasibility of the category, with all of the issues in theory and in practice the same and different, put forward the Chinese system of judicial review system of administrative planning can trend.