The Study On Legal System Of Development Land Planning

The legal system of development land planning belongs to the public law restricting land use. According to Chinese law, two types of planning, including land use total planning, urban and rural planning, constitute restriction on development land. Above-mentioned planning restricting development land can be summed up as development land planning. Urban planning can be divided into total planning and detailed planning. Detailed planning can also be divided into regulatory detailed planning and site detailed planning.The foundation, acquisition, nature and strength of development land are restricted by planning and legal system of planning. It is special that restriction on rural collective development land by planning and legal system of planning.To formulate and modify development land planning, first of all, planning draft is essential, and then certain procedures should be followed. Subsequently, planning draft should be approved by governments. Finally, planning achieved should be promulgated. Therefore, planning can go into effect. It is particular to formulate site detailed planning and rural planning. The legal nature of land use total planning,urban total planning and rural planning is other documents of administrative norms.The legal nature of urban detailed planning is concrete administrative act.Implementation on legal system of development land planning relies on pre-investigation of construction projects, permission for location, development land planning license, construction project planning license and rural development planning license. Above all, planning permit of development land system is the only way to ensure that the regulatory detailed planning is the most direct basis of land use for development in urban planning area.The condition and procedure for formulating and modifying development land planning can be improved. It may be considered that Standing Committee in People’s Congress over the county approves the development land planning. The procedure of deliberation from People’s Congress can also be perfected. The norm of hearings about urban and rural planning should be formulated to perfect the system of hearings.It is indispensable to review legitimacy of planning as concrete administrative act for perfection of judicial review on development land planning. Legitimacy of planning permission should be reviewed overall. Supplementary civil action in administrative litigation is applicable to planning permission litigation.