Research On The Administrative Planning And Judicial Review

Along with the development of the whole society, from the late nineteenth century, thegovernment began gradually from the watchman of negative role into positive socialparticipant and pay the role, that is, from "power administration" into "administrative service",and the concomitant, administrative planning as a new type of administrative means arises atthe historic moment, improve the utilization rate of society in all sorts of different interestconflict, mediation play a major role. Especially after world war ii, many countries andregions are extensive attention administrative planning, gradually from the city planning fieldextends to national policies, such as environmental protection, etc. The emergence ofadministrative planning of the government not only the specific task play a guiding role and aprecautionary function, but also make the citizen consciousness of according to the nationalplanning to arrange own life, work and so on, make whole society is a kind of harmony.Unfortunately our country’s current administrative planning behavior is not verystandardized, in practical operation also appeared a lot of problems, this regulation ofsubstantive law and procedural law also is not very good, very perfect, to guarantee citizens inadministrative planning in the formulation process of democratic participation and theeffective supervision, this makes administrative planning both in formulate link, or the change,abolished links all of great arbitrariness and optional sex, the relevant administrative planningcontradictions and disputes is hitting our brain, the most typical example is the land planning,planning of some actual implementation measures of the violent and illegality, enough toshow the whole planning itself and the unreasonable not the scientific nature. So far,theoretical and practical world many people thought that the legal attribute of administrativeplanning is the abstract administrative action, and should not be put in into the judicial reviewin, because China’s administrative procedure law made clear accepts the range is the specificadministrative act, the administrative planning study of the academic circle on though, but alot more is focused on its program regulation, the author is set his sights on its judicial review.In refer to the massive literature and relevant judicial practice of the report, the judicial review of administrative planning problem into a more in-depth research.The author first from administrative planning of the basic theory in hand to talk about theacademic point of view and puts forward his own distinct opinions, especially inadministrative planning for the legal attribute of this difficult problem, from the static anddynamic two view the full demonstration. The analysis of the theory for the administrativeplan into the judicial review offers possibility, but the reality of challenges we still can not beignored, the author synthesizes the various aspects of the factors were analyzed, anddemonstrate the our country to administrative planning the difficulty of the judicial review. Inthe face of these difficulties, we need to do more than innovation our theory, also need tolearn foreign advanced theory and practice, so in foreign administrative planning for judicialreview system investigation and analysis, the author emphatically from the countries of thesystem and the system characteristics of the focus of the larger dispute is discussed, and basedon this, puts forward some question. Finally, based on the theoretical analysis of the first threechapters, combining with the actual situation of our country, draw on the main countries andareas in the system of judicial review of administrative planning advantages andsophistication, the author on China’s administrative planning judicial review system putsforward bold ideas, and from the review of the specific scope, object, method, for thedetermination of the cause for the major aspects for further analysis. And the trial court shouldfocus on problems that further added.