Procedural Rights And Interests Protection Of Stakeholders In Urban Planning Change

At present,the urbanization is promoting the rapid development of the social and economy.Urban planning as a tool for government to serve the urban development,in order to adapt to the ever-changing urban situation,the change of urban planning has become a common phenomenon in the process of planning implementation.Events that infringe upon the legitimate rights and interests of other people due to planning changes occur frequently.How to protect the procedural rights and interests of stakeholders in urban planning changes is the main content of this paper.The structure is as follows:The first part starts with the basic content of the urban planning,and introduces the violation of statutory grounds for planning change and the statutory procedures against planning change.Then points out the influence of the illegal change of urban planning on the rights and interests of stakeholders.The most prominent is the harm of the participation rights and legitimate interests of stakeholders.The second part defines the stakeholders in the urban planning change from four aspects.First of all,it determines the connotation,believed that the stakeholders in the urban planning change are the individual and organization that participate in the urban planning law relationship,and have legal interest with the administrative act of the administrative subject.Secondly,it analyzes its differences with the immediate counterpart based on administrative relative.Thirdly,it expounds three elements that can guarantee the rights and interests.Finally,two cases are cited to illustrate the situation of non-stakeholders.The third part mainly discusses the way of public participation in the protection of procedural rights and interests from the perspective of public notice,hearing system,evaluation system and expert system,with the help of cases,this paper describes the problems of each system,and puts forward some perfect ideas.The fourth part discusses the judicial remedy in the urban planning change,it is necessary to view the justiciability of the urban master planning and the regulatory detailed planning from a distinguishable vision.The judicial review focuses on whether the subject of change,the purpose of change and the cause of change are legal.The fifth part focuses on the loss compensation.Firstly,the basic content of the compensation system is introduced,combing the case.Secondly,it points out the existing problems of loss compensation clause,and puts forward some suggestions to improve the compensation system from the perspective of compensation methods.