Discussion On The Legal Relief Of Public Participation Rights In China's Urban Planning

At present,with the rapid development of urbanization in China,urban planning,as an important way for the government to serve urban construction and development,is playing an increasingly important role.In the process of urban planning in our country,taking the administrative process theory as a premise,as a means of justification of the administrative process,public participation as a procedural principle to maintain a balance of interests is an effective way to guarantee the realization of public substantive rights.Meanwhile,the right of public participation is an important procedural right in the urban planning process,and it should be effectively protected and relieved in practice.The first part of this article introduces the research background and significance of the study.Public participation plays an important role in the process of justice and power restriction.Urban planning public participation in relief is necessary.The second part explains the two concepts and nature of urban planning and the public,and clarifies the related concepts for the following elaboration.Urban planning can be divided into two stages:planning preparation and planning implementation.The nature of the behavior in the two stages can be discussed separately.The scope of the public is limited to stakeholders related to urban planning.The types of public participation rights include the right to know,the right to express and the right of supervision.The third part introduces the current situation of public participation.In recent years,the laws and regulations on public participation in China have been gradually improved,but the phenomenon of violation of public participation rights still exists.At present,there are still problems in the process of public participation in legal relief in urban planning in China.Participation rights are effectively protected.Due to the importance of public participation itself and the lack of relief in current judicial practice,it is necessary to provide relief to public participation rights.The fourth part focuses on the several legal remedies available for public participation in urban planning in China at this stage,including other remedies such as administrative reconsideration,administrative litigation and appeals,and studies the application of each remedy and analyzes the status of each avenue And pros and cons,to compare and choose.Relief can be obtained through administrative reconsideration without public participation in the planning stage;when the relevant stakeholders 'physical rights are infringed,they can exercise the right of relief through administrative litigation,so that the procedural defects of the urban planning behavior can be revoked or corrected Legal effect.At present,the time for litigation to be filed in practice is after the implementation of the urban planning,but the public should be given corresponding rights during the planning stage to better protect participation rights and avoid unnecessary losses.The fifth part is based on the previous discussion,combined with the current situation in China,drawing on foreign experience,and puts forward targeted suggestions for improving the current public participation in legal relief in urban planning in China,such as the establishment of an independent third-party supervisory authority,a reasonable definition of the scope of the case,improve the administrative public interest litigation system,refine the administrative appeal system,and improve prior relief to provide feasibility suggestions for the legal relief of public participation in urban planning in China,in order to effectively protect the legal rights of public participation in urban planning in China,establish an effective relief system and maintain social order.