Characteristics of urban planning lawsuit

[Paper Keywords] meaning of urban planning action features
[Abstract] for judicial review of urban planning system, through legal analysis, that the results of urban planning and urban planning to develop an action has a non-actionable features. In accordance with China's current national conditions, promotion of urban planning should be non-actionable. Establish this view will be help to promote public pArticipation in urban planning and legislative innovation.

With China's continuous development of urban society and economy of litigation involving the Town Planning growing number of cases. Some of these cases did not involve the specific administrative act of urban planning in pArticular,''such as the right sunlight, "the right anti-noise''such as''the right of a channel legal proceedings on the neighboring relations. This phenomenon indicates that the public interest in urban planning as well as the increasing degree of urban planning workers caused controversy by Law to approve the statutory town planning plans will constitute an infringement ��: Does China clear to the proceedings of the Town Planning ��. so. conduct a thorough analysis has important theoretical significance.

To explore the definition of urban planning to facilitate this by the relevant regulations. That urban planning is a certain period of time the city's economic and social development, land use, spatial layout and the building of the deployment, specific arrangements and implementation management ��. Cities planning, including urban planning in the development of procedures (including the preparation and approval.) implementation and management of urban planning in the form including the overall planning, zoning. detailed planning �� reflected in the content of the results for the urban planning, planning documents and plans by the shell} l composition ��.

1. Our system of judicial review of city planning brief
Especially where the judicial review of quasi-judicial administrative proceedings and administrative review. In city planning is a government administrative functions of the executive, which the city planning administration system and legal system included in the national administrative system and administrative regulations system. Its administration remedies are administrative proceedings and administrative review, administrative review through administrative proceedings and the legality and appropriateness of its review. accepted the review body and review the district court were involved in the major organs of the legal proceedings based on a <"Urban Planning Law >>,<< Administrative Procedure >>.<< Administrative Review>>. According to the existing Law. the district court can only accept a specific administrative act of the executive proceedings. The review authority can only accept a specific administrative act, and pArt of the trial of abstract administrative acts. Some of the abstract administrative act that is legal, rules and regulations and other normative documents can only be heard on a specific administrative act comes when trial. plaintiff (applicant) must be with the city planning has a legal interest (rights and obligations) and that their legitimate rights and interests of the people against it, including the relative and administration of administrative people. The defendant (respondent) is the plaintiff (applicant) against its requirements of urban planning District Court (review authority) for review. by the district court (the reconsideration organ) Notification pArticipate in the proceedings (review) of the administrative body. He must act to make urban planning Laws and regulations of the administrative organ or organization authorized.

Legal procedures in accordance with the meaning of the "Appeal''means a pArty's claim to the court.''Physical sense of the appeal," refer to the parties for the protection of rights and interests of Taiwan. "Object of action" refers to the dispute between the parties rights and obligations means the administrative body of this article is concerned with the citizens, legal persons or other organizations in urban planning administrative rights and obligations that arise during the relationship.''action object means that is the subject matter of litigation rights and obligations specific to the object referred to administrative proceedings, it refers to the specific administrative act.

This article refers to 'non-actionable''refers to the urban planning for the proceedings can not object "to the people's court.

z action feature of urban planning
Background 2.1
From the economic point of view China from a planned economy to a planned commodity economy and then to the process of the socialist market economy was only a short period of twenty years 'economy will be a long primary stage of socialism. From the socio-cultural view "self, regulating the family' country, the world "and the 'everyone is responsible for the State in trouble," the deeply rooted Confucian thought. National first one,' the public interest "value orientation has deep popular base. from the administrative and legal point of view of a typical traditional civil Law countries are associated with this mode of the administration strategy of using national administrative priorities that the City Planning Law is planning the implementation and management of law enforcement agencies stressed that the exercise of government power. This shows that although the administrative system in China is from the "unlimited and management" type government forward. limited service "type government changes, but because of the long-term primary stage of socialism no matter how the academic debate in the administrative and economic areas of emphasis is giving priority to efficiency due consideration to fairness" principle. urban planning as an important administrative government certainly not excessive beyond the means of other political, economic and cultural system of efficiency and equity issues' should be selected as' efficiency first. "urban planning" rigid and 'flexibility "issue. in the discretion of the stability issues with the should highlight the 'rigidity and stability to ensure a town planning authority.


2.2 Legal Analysis
2.2.! From the process point of view, the development of urban planning is a broad legislative activity
Legal means in accordance with the broad statutory organs of state legislation to develop normative legal documents. It has the following characteristics of Sichuan is the activities of state organs; (2) it is statutory functions of state organs Activities (3) It is in accordance with legal procedures activities (4) It is a professional and technical activities' (5) it is to generate or change the law activities.

(Town Planning Act} Article 9 The competent department of urban planning for the city planning department all over the Article 12 of the preparation of sector organizations, local people's government. In response, urban planning approach also made the relevant provisions of Chapter I General Provisions . shows not only the urban planning development of the activities of state organs and is the statutory authority activities. (City Planning Law "> Article 21 of the city planning approval system step by step article 22 of the adjustment and change the programs' provisions of Article 28 the public system. The development of urban planning must be clearly defined in accordance with legal procedures or change the law it is to produce events. Chapter urban planning approaches of various forms of urban planning provides for the content of these provisions reflects the development of urban planning I professional and technical nature.

(Urban Planning Law ">, the zone management approach and towns planning and construction management measures are provided for town planning approval process. From detailed planning to towns and municipalities have the overall plan must be submitted to higher levels of government approval. Make these plans become the norm of documents. more than the larger cities at the same level of urban planning should be reported to the Standing Committee agreed to review for approval by the State Council (Legislative Act "> principle of local regulations which the Government approval process and therefore can be regarded as the Government planning to develop these regulations making.

Seen. The formulation of town planning in accordance with legal powers of the state organs of the specific activities carried out with the general features of the legislation are broad legislative activities. In accordance with the principles of administration and the Administrative Procedure Law. Legislative activity non-actionable.

2.2.2 From the content, the results of urban planning is a normative legal documents
Normative legal documents are usually set about a number of legal norms in a particular type or similar types of social relations, like the provisions of a total focus on the name of the principle of common law throughout the text. Refers to it as the normative behavior of people provides a model, standards and direction. legal means it is a statutory authority established by law, the rights and obligations of the people was provided by the state coercive power to ensure implementation.

First results of urban planning law and planning, including planning documents, planning documents, the plan text and annexes of the Planning and therefore results in the structure of urban planning reflected in documentary form. Second. (City Planning Law "> Article 10, the provisions of section 34, respectively, Any unit or individual has the obligation to comply with town planning, urban planning had made subject to the land adjustment. so in urban planning area within the area covered by urban planning within the period established by any person by the urban city construction activities Restrictive planning results. again. From an economic point of view by means of urban planning is planning the overall allocation of urban resources' within urban planning area of its local configuration of different resources such as certain provisions of the different functions in different geographical conditions of different development control and so on. So when people urban construction planning to be performed on their rights and obligations and certainly different. the end. Although the content of urban planning regulations are not directly the lack of corresponding legal responsibilities in the logical structure of legal norms on the part of the legal consequences but the actual on the coercive power of its provisions by other laws embodied. such as (Urban Planning Law "> a violation of the provisions of Chapter V to urban planning should take legal responsibility. reposted elsewhere in the Research Papers Download http://www. hi138.com the above analysis we can see that the outcome is a kind of urban planning normative legal documents.

22.3 hl} nature point of view, urban planning is an abstract administrative act
22.4 abstract administrative acts of administrative law theory used in two senses. First, a static sense, the abstract administrative act that established the executive authorities generally binding normative documents r The second is that the dynamic behavior of the abstract administrative organ established by the Chief generally binding normative documents. in accordance with the two meanings, urban planning, development and urban planning results are abstract administrative act.


From the abstract point of view the abstract nature of administrative act administrative act compared with the specific administrative act. Has a broad adjustment range, and repeated application of property. Urban planning also has the corresponding property. It is the breadth of urban planning to determine which it is approved within time and space. it has any legal effect. It is the repeated applicability effective urban planning is approved it to determine the overall planning, zoning as long as the detailed planning in the planning period has been modified without due process is the basis for the implementation of urban planning can be repeated for management.

3, v. not to promote urban planning
Of course, urban planning also includes strategic planning, conceptual planning and related supplementary planning and management for the implementation of some decisions made. According to China's legal principles which are part of the executive organs of the specific person is not the abstract for a specific administrative act is not actionable. Of course, Urban planning is also included for the implementation of management to do most of the specific administrative act which is of course legally actionable. But the above analysis of the current condition of our country. should promote urban planning non-actionable.

4 Significance
4,1 to further establish the concept of social well-being of urban planning
Since the development of urban planning and results of non-actionable, then, the exercise of the rights of city planning administration to the whole community must be for the purpose of .1933 in the public interest (Athens Charter) in the urban planning process to promote the "interests of the masses should be in private interests of a ��. Many scholars also believe that the core concepts of urban planning for the public interest for the social well-being "��. so the city planning should give priority to public interests strongly erected the banner. in the context of sustainable development. attention to the overall interests of urban planning to create greater social well-being.

4.2 Promoting public participation
Urban planning should promote protection of non-actionable non-governmental organizations, social groups and individuals protect the legitimate interests of the protection of their views should have formal ways to reflect, but also protect the city planning authority should be effective supervision. The need to build a high degree of public participation system.

Should first be protected by legislation. Only by means of legislation norms and constraints can really develop and implement urban planning and management practices to impose sanctions for offenders. Also to establish the legal status of public participation in the main body of public participation, content 'time, in the form and procedures for stringent regulations to ensure the healthy operation of public participation mechanisms. Second, the development of urban planning and implementation managers should focus on the following tasks: First, vigorously promote urban planning. try our best to the basics of urban planning and related laws and regulations publicity to the household, the second is to improve the planning of transparency. should from the outset city planning masters - the public planning to be undertaken, rather than behind closed doors. wait until the implementation of plans to let them know. in this regard than the practice of Shenzhen City good. The city legislation provides for public participation in certain phases of city planning process. Also in the planning process to develop and implement a management plan sent to the countryside. "'consultant planner" and other domestic counterparts to learn the practice is worth. Finally Society Planning of public interest should take the initiative to learn about planning knowledge consciously. actively involved in the planning. from the social interest of the public behind the house on the street in front of small to large urban road environment, the construction of another large city} h} quality, so the scale of cities area of the positioning problems can make their own opinions to form a "man for planning, planning healthy situation for everyone''to avoid the urban planning of the technical and professional created public participation only in the trade is involved.

4.3 The planning legislation to improve administrative efficiency and promote innovation
Regardless of legislative activity as the city planning process or as a regulatory document, or abstract administrative acts of urban planning achievements. From the perspective of the Administrative Procedure Law is not actionable. Of course, as a normative document or abstract administrative acts of urban planning also There is the risk of collateral review of administrative reconsideration. However, due to the development of urban planning has similar legislation in the effectiveness of local government regulations. from the interests of maintaining social order and the point of view. Such a review should be cautious. and because of the special nature of urban planning it should be excluded from the administrative review outside the scope of collateral review. This requires that there should be innovations in the legislation. Of course. The best way is through legislation is not clear that the Town Planning Appeal.

Indeed. Some local legislation has went before him. Hong Kong (the Crown Lands Resumption Ordinance) The Government is clear that the resumption of public interest ', not because of any loss or damage suffered by the Crown or any other person to take any legal action or any action of a ��. Shenzhen City (Land Acquisition and Resumption Ordinance) clearly defined decision to resume land resumption authorities after the commencement of the occupation of the land and can actually visualize the specific circumstances of action. Although the recovery of land is every inch a specific administrative action, but not before the law expressly v. exemplary resumption; after the resumption law implicitly non-actionable actionable decisions can only be compensated for land resumption, but also commendable. These legislative innovations guaranteed the smooth implementation of improved urban planning administrative efficiency.

5 Conclusion
According to China's law, the development of urban planning and results are abstract administrative acts they are not actionable. Combined with China's current situation, should be further promoted urban planning non-actionable. To promote the view that urban planning has an important meaning. Reposted elsewhere Free Download Center http://www.hi138.com Papers