Study On The Procedure Of Administrative Planning

Administrative planning is an important issue in administrative law.To pursuit of the public good,administrative subject prearrange the procedure or these steps in the scope of their powers.They judge and balance the public good,reach after the justice.The process of planning is the only road to realize the goal of rule of law.The complete administrative planning procedures shall include the investigation procedure,the planning process, the arbitrament procedure and the amendment, repeal, and competition procedures.The advanced experience of foreign countries provides useful guidance and reference for the perfection of our country’s administrative planning procedure.German working-out procedure provides our award process from the draft plan submitted to the hearing organs, the organs holding a hearing to listen to public debate and question, to adjudicate the planning.British urban planning differentiate between the structure planning and local planning, they all have strict process control, and provide good demonstration and guide for the perfection of our administrative planning procedure,especially for the working-out procedure.The present condition of our country’s administrative planning procedure is not optimistic.At present, our country does not exist an unified administrative procedure law, the separate legal provisions on planning procedures are different and change at random. Analysis on < urban and rural planning law >,we can see the following problems: firstly, lack respect and protection of the public interest; secondly, public participation is still stay in the symbolic stage; thirdly, administrative planning working-out program is too simple; fourthly, lack abolish and concurrence program.Our country need to respect our national conditions and absorb the advanced experience of other countries to make up our administrative planning procedure. In this regard, this article provides suggestions from the following aspects: firstly, learn from the success of French public interest declaration system to check the name of public interest while meeting the individual interests. secondly, refine and improve public participation. They include the establishment of early and continuous publicparticipation, expand public participation forms, clear effectiveness of public participation and the establishment of explanation system. Thirdly, improve the working-out procedure.They include the refinement of legal text, the establishment of censorship institution towards public participate and absorb German adjudication system.Fourthly, increase the planning annulment and concurrence procedures.We should revolve around the legislation of administrative procedure law.As good guidance and exemplary, Administrative planning process should adhere to the principles of publicity, justice and democracy. This article integrates three test drafts,absorbs the advanced experience of foreign countries, and fulfill my administrative planning procedure.The highlights are the increase of public interest declaration system and the investigation in the working-out procedure.The literature, comparative and normative analysis method are used in this paper. Under the background of the administrative benefit and the era of rights,administrative planning should become the method of increasing the welfare of the citizens and promoting social development. The purpose of the study is to pursuit planning goal, strengthen the concept of planning for public interest, advance the social development and the realization of fairness and justice.