Specifications For And Controls Of Unfavorable Administrative Designation

Administrative designation appears widely in administrative regulations and administrative practices of foreign and domestic administrative laws.Academia mostly concentrates on the administrative designation of the direct objects,and seldom focuses on the administrative designation of specific areas and spatial scope.This dissertation analyzes the connotation and denotation of this behavior,proposes the concept of unfavorable administrative designation,and discusses in which condition that this unfavorable administrative designation will turn into the regulatory taking,and how to make the prior legal controls and afterward legal remedies.This article is divided into four parts.The first part discusses the connotation and extension of unfavorable administrative designation.Through the consolidation and analysis of legal norms concerning the designation of immovable cultural relics protection areas,basic farmland protection areas,nature reserves,surface drinking water protection areas for drinking water,and building control areas on both sides of highways,such demarcation will be categorized as administrative designation.because this administrative designation will also impose a burden on the interests of real estate rights holders in the designated space,I refer to this administrative designation as an unfavorable administrative designation.Next,the administrative designation is firstly compared with administrative confirmation,administrative licensing,and legal interpretations,and then the unfavorable administrative designation is compared with the favorable administrative designations to clarify its extension.The second part discusses the compensability of unfavorable administrative designation.Since China's object of taking does not include such unfavorable designations which will make property restricted in some ways,the relevant right holders cannot claim administrative compensation.This will lead right holders to fall into a relief dilemma when they do not accept the unfavorable administrative designation.In order to solve this dilemma,I introduced the US regulatory taking theory.In my opinion,unfavorable administrative designation will also become regulatory taking under certain conditions,which can require administrative compensation.The third part discusses the prior legal controls of unfavorable administrative designation.In the part of the program control,according to the theory of due process,when the administrative agencies make an unfavorable designation,it should initiate,investigate,hear,decide and publicize step by step.In the part of entity control,when the administrative agency makes unfavorable administrative designation,it must abide by the principle of balance of interests.Administrative compensation shall be given to unfavorable administrative designations that constitute regulatory expropriation.The fourth part discusses the remedies for unfavorable administrative designations.Dissatisfied with the unfavorable administrative designations,the right holders must separately seek three types of remedies according to different circumstances,namely,administrative compensation,administrative indemnity,and record review.