Research On Judicial Review Standards For Urban And Rural Planning

Urban and rural planning is a weak spot of administrative law study,although some research achievements,but mainly focus on the basic theory,application and actionable research,for its review after entering the judicial review standard problems such as less attention.Compared with general administrative act judicial review standard,the standard of judicial review of urban and rural planning,doubts,without a word.Therefore,based on the basic concept of judicial review of urban and rural planning as the breakthrough point of the research,in urban and rural planning of judicial review judicial practice analysis as the basis,to improve and perfect our country urban and rural planning,for the purpose of judicial review standard in other country mature urban and rural planning,on the basis of the experience of the judicial review standard,put forward Suggestions for the perfection of our country judicial review standard of urban and rural planning,in order to help to our country's urban and rural planning practice of judicial review.In this paper,besides the introduction,the full text is divided into four chapters:The first chapter,first of all,judicial review standard of urban and rural planning involves two basic concepts to define,think that the content of urban and rural planning shall include static content and dynamic meaning of planning behavior,and points out that can be included in the scope of judicial review of the types of urban and rural planning,and to distinguish between urban and rural planning permission at the same time,also make analysis to judicial review standard,defines its concept,and review the distinction between related concepts such as object and the intensity of review.The second chapter,the main analysis of status of urban and rural planning standards for judicial review in China,based on the research of the related judicial precedent court,found in the judicial practice at present,the court has in fact judicial review of urban and rural planning,court review standards of urban and rural planning mainly include:further standard and legal procedures,and on this basis,further analysis at present our country judicial review standard of urban and rural planning there are four shortcomings:the first is the statutory procedures applicable to the planning process standards have limitations,the second is the absence of discretion standard of review for planning,the third is the applicable law in the work of planning results explain the absence of standard of review,the fourth is to lack planning alteration of examination standards.The third chapter,mainly to solve the problem of urban and rural planning review standard in our country as the basis,to the outside countries compares the judicial review standard of urban and rural planning,analyzes its enlightenment to our country judicial review standard of urban and rural planning.The fourth chapter,in reference to the mature outside of the basis of judicial review standard of urban and rural planning experience,proposed consummates our country urban and rural planning standards for judicial review of four Suggestions,namely the planning program should be used as the standard,discretion should be used for planning abuse of standards,the result of the planning of the administrative organ for the application of law and on the interpretation of the content of the law shall be applicable obvious inappropriateness standard,standard applicable to planning alteration should be substantial evidence.