| General Secretary Xi Jinping emphasized that the implementation of rural revitalization strategy should adhere to the planning first,advance in an orderly manner,and pay attention to quality and calmly build.Village planning plays a leading and coordinating role in rural economic and social development.As the "protagonists" who ultimately benefit from village planning and construction,villagers should participate in all aspects of village planning and construction,which plays an important role in ensuring and promoting the rationality and operability of village planning and safeguarding villagers' interests.The implementation of "Urban and Rural Planning Law" in 2008 brought village planning into the scope of legal adjustment,which is in line with the requirements of governing the country according to law and the needs of rural economic and social development.However,after all,the village planning and construction in China is still in its infancy,and there is a certain gap between the guarantee of villagers' participation in village planning under the existing legal system and the expectation of villagers' legal guarantee for participation under the new situation.Therefore,it is imperative and significant to improve the legal guarantee of villagers' right to participate in village planning.Starting with the villagers' right to participate in village planning,this paper holds that maintaining the democratic and scientific nature of village planning,safeguarding the villagers' substantive rights and interests,and the need for building the rule of law are the source of this right and the basis for its legitimacy,and the nature of its right is mainly reflected in its basic and procedural nature.To realize substantial and effective participation,this right should mainly include the right to know information,the right to express demands,the right to negotiate and make decisions,and the right to supervise.In fact,this right has been regulated in China's current legal system.It has been regulated in principle at the constitutional and legal levels,and has been preliminarily explored at the level of regulations and rules.However,due to the residual influence of the planned economy,the constraint of the dual development model of urban and rural areas and the restriction of emphasizing entity but neglecting procedure thinking,the current legal system in China has some shortcomings in guaranteeing the villagers' right to participate in village planning,and the relevant systems are still lacking,which are mainly reflected in the disunity and uncertainty of the expression form of the right subject,the narrow way and stage of exercising the right and the imperfect relief system of the right.In this paper,some suggestions are put forward: Clarify the subject of rights-use the villagers as the expression form of the subject of rights uniformly and determine the scope of the subject of rights according to the source of rights;Broaden the ways and stages of exercising rights-improve the existing ways,that is,the villagers' autonomy system and the system of argumentation and hearing,introduce other ways,that is,the legalization of questionnaire survey and visiting households,and realize the full coverage of exercising rights;Improve the right relief system —— the relief for the procedural rights of participation before the implementation of planning approval,and the alternative relief for the rights related to participation after the implementation of planning approval.From the perspective of villagers' right to participate in village planning,starting with the right subject,right exercise mode and right relief system,all the rights and powers included in villagers' participation behavior can be fully realized through the improvement of these three systems,so as to provide necessary legal guarantee for villagers to effectively participate in village planning and construction,promote the steady development of village planning and construction,and realize the early revitalization of rural economy and society. |
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