The Study On The Law Of Administrative Enforcement Of China’s Urban And Rural Planning

With Chinese economy’s high-speed development, the tempo of urban and rural construction is accelerating, directly pushing the progress of urbanization. As a public policy to guarantee a healthy and organized development of cities and towns, urban and rural planning is playing an increasingly important role. At the same time, however, some on-going constructions that totally ignore the planning are becoming increasingly common. These illegal constructions infringe public resource, endanger people’s lives and properties, ruin social environment and restrict urban and rural development, posing potential risk to safety that would jeopardize people’s lives and properties. Thus we are ready to make great efforts to solve them. However, conflicts often occur when the administration was investigating and making legal enforcement, which has already become a tough question in administrative execution with lots of difficulties and challenges involved. Based on above context, this article centers on administrative enforcement in urban and rural planning on the basis of reality, analyzing the existing problems and exploring a way of further improvement.This article is divided into five parts. The first part is a brief introduction on the basic feature of this thesis:it explains the writing background and meaning of the thesis. The second part starts from the basic theory in administrative enforcement of urban and rural planning, has introduced the concept and characteristic of administrative enforcement as well as the concept, characteristic and basic principle that should be followed in the administrative enforcement of rural and urban planning. The third mainly is about straightening out the relevant legislation in administrative enforcement of legal and urban planning, and expounds them from a perspective of legislation evolution. From the perspective of urban planning and administrative enforcement, their various characteristics in legislation evolution are summed up. The forth does an analysis on the problems existing in administrative enforcement of urban and rural planning, explaining them respectively from legislation and practice. Problems in legislation mainly reflects a general law-making stipulation in this regard, a lack of operability and conflicts between local laws®ulations and Host Law. Problems arising in practice are mainly about failure in strict execution of the regulation, lack of coordination and supervision from executive body, and lack of power in relief. As a important part of this article, the fifth attempts to put forward some concrete suggestions to solve these problems. From the perspective to improve legislation, suggestions center on relevant issues to formulate unified supporting enforcement regulations, so as to make up the vacancy in law and standardize local laws and regulations. From the perspective to perfect practice, strict implementation mechanism for legal procedures must be constructed to fully ensure people’s rights to know and participate in the process, with appropriate principle of proportionality. Division of labor must be guaranteed, coordination must be enhanced, multi-layer supervision system must be added, and judicial and non-judicial remedy must be improved.With analysis, this article attempts to provide some helpful thoughts and find some feasible solutions to standardize the implementation of administrative enforcement right in the management process of urban and rural planning.