Urban Planning In Case The Person Neighbor Relations Plaintiff Qualification

The scope of renovation of old urban districts is larger and multiple interests and rights in urban-land arise, as the infrastructures develop and urbanization accelerates in the new century, leading to more and more disputes about living environment between the construction programs which are admitted according to the urban planning and residents around in the process of exploitation. All of those disputes have one characteristic in common, that is on the one hand the construction programs are licensed by official departments, but on the other hand they do hurt the interest of the local residents in terms of sunlight, radiation, noisy and other aesthetic values and so on. So the residents as stakeholders raise objections. However, neighboring rules and the civil litigation system in private law cannot account for the protection-problems between the regulation of neighboring real estate and the rights of related party. Based on this situation, systems in public law about neighboring relation and stakeholders’ participation in administration lawsuits need to be expanded. Although the explanation about Administrative procedure Law issued by the Supreme People’s Court defines clearly the situations in which a legal action can be taken, how to define “related party” is a problem. So this thesis will combine the Germany relevant system with cases in our country to analyze the adjudicate reasoning in each maritime court about definition of plaintiffs qualification referring to the administrative litigation about neighboring relation.