Judicial Review Of Urban And Rural Planning Permission

In China, the economic development is accompanied by the accelerated process of urbanization, more and more people and capital to urban migration and concentration. In the period of social transformation of China, compared to other European countries or the United States, China’s situation in the field of urban and rural planning is more complex, urban and rural planning marks a city economic development level, also related to people’s actual living conditions, in the face of rapid advance of urbanization today, it is people benefits at the same time, there are also contradictions and risks, urban and rural planning directly affects the distribution of urban resources, population flow and the positioning of the city, which city planning permission process is particularly important.Over the past 100 years, most countries in the world have made great strides towards urbanization. At the same time, the theory of urbanization has been greatly developed. In the context of economic reform, the establishment of the system of paid use of urban land and the rise of urban real estate market, so that the regulation of urban and rural planning by the technology to manage. A wide range of interests has begun to emerge from beneath the ice in the tip of the governance of the state power, individuals began to active pursuit of wealth, personal interests of embryonic development, but as more and more people move into cities, urban land supply, how to balance the individual needs and interests of the majority of people demand become placed in front of the government, how to divide the limited land resources, so that it can be as much as possible to meet the needs of individuals, which is the test of the government governance ability of the question on the exam. Systematic review of the current legal system in China and the relevant provisions of the urban and rural planning permits, is to understand China’s urban and rural planning. After the middle period of the 1990 s, with the advance of the reform of the administrative examination and approval system of our country and the problem of administrative planning, administrative law circles of our country on the basic theory of the urban and rural planning permission and related legislation were in-depth and meticulous research, from the urban planning law in 1989 promulgated in 2008 to the implementation of the urban and rural planning law, urban and rural planning permission in its power configuration, implementation and supervision have made breakthrough progress. This paper tries to from the general principles of administrative planning permission of analysis of the problems in the operation of the urban and rural planning permission and on the problems of countermeasures, including how to implement the planning discretion, for technical specifications related to the standard of review and judicial review for process control system, from the typical case of inductive summary of the path of judicial review. It can be said that the last line of defense to safeguard civil rights and interests of judicial review, the court for the review of urban and rural planning, has become the focus of controversy. This paper takes the case as the center, and probes into the depth of the judicial review of the urban and rural planning permission.