The Protection Of Property Rights In Administrative Planning Changes

Administrative planning plays an increasing important role in the political life of the country. From people conveniently traveling to the stability of the country’s great harmony, the importance of administrative planning has become increasingly evident. In recent years, many associated with administrative planning group events to be disclosed in the media, such as the boycotting of the projects of PX in Maoming, Guangdong province. While we are concerning the scientific legitimacy and further proposed revocation or modification of the original plan, often ignore the people who have disposed their property to those stakeholders by making the decision based on the original plan. This article is to explore the protection of these no-fault peoplel who have to bear the loss of property rights for administrative planning changes.This paper is divided into five parts.In the beginning of the article, I give a brief introduction for the concept of administrative planning and its classification.In the second part of the article, the author borrowed judicial cases to clarify the current protection of the status quo stakeholders in the administrative planning changeing and the problems exist currently.The author explains the reason for the change in administrative planning, the emergence of many problems In the second part of the article.The author summarizes the characteristics of domestic and international awareness of administrative planning, and put forward their point of view:that the executive has a policy planning and dynamic characteristics. It is also because of its policy of property led to administrative planning dynamic characteristics. Dynamic characteristics coupled with the needs of economic and social development, accompanied raise the level of awareness of the people on the planning, planning changes also very reasonable existence.In the fourth part of the article, based on the considering to the balance of powers and the principle of protection of the trust entity, the author proof the necessity of the protection the property rights of the interested parties in administrative planning changes. Then, the author give the definition of stakeholders with two principles. First, there is a relationship between the person entitled and the administrative planning; Second, there is a relationship between property rights injured and the changed administrative planning.In the fifth part of the article, respectively, from the program regulation and regulatory entities as well as expanding the scope of judicial, the author describes a way to protect the rights and interests of stakeholders. First, interested parties are often difficult to predict the damage of their own interests, the author believe that a system should be established about justification explanation. This system is designed to allow interested parties to ensure making a full understanding of the situation that their interests will be suffered. In hearing system, the paper presents a well-organized and hearing rules. In expert verification perfection system,the author emphasis the "experts" should be distinguished from the the " experts" of the original plan. On the physical regulation,the author propose that we can use the tactics of property rights subsisting or property protection according to different situations. The author wish to give a full protection to the stakeholders.