The Improvement Of Urban Planning System From The Angle Of Real Right

Constitutional amendment 2004 stipulates that the nation explore the land and private property for public interest in accordance with the law of the land and and give compensation, and stipulates in 12th that a citizen's private property shall not be violated, the state law provides the protection to private property and inheritance rights for citizens, that the state protects the lawful private property of citizens. However, these provisions of the Constitution only provides for the principle, which cann't be invoked directly from the trial court, citizens can cann't initiate proceedings in accordance with this provision. Real right law aimed at implementing the spirit of the Constitution such laws was included in this year's legislative plan in the report of the Fourth Session of the Tenth National People's Congress on March 10th 2006, and the 24th session of the Tenth National People's Congress Standing Committee began sixth consideration of the draft of the Real right law On October 27th 2006 .That the real law will soon introduce. Property Rights Act is intended to regulate the ownership of property, solve the problem of how to protect private property of individuals, encourage people to actively create wealth, Promote the rapid growth of social wealth.With the level of urbanization, Land acquisition and housing demolition increase contradictions and disputes, even happen the demolition of many fatal incidents, this is a great relationship with the urban planning which ignored Property Rights. This paper does a systematic study on how to protect the citizens'property rights such as property rights and adjacent property in urban planning.First, this paper describes the attributes of urban planning as public policy, point out urban planning as public policy should safeguard the public interest demands and hanve full consideration the interests of minorities; then, from the legal analysis of urban planning: formulation of urban planning is a broad legislative activities, urban planning outcome is a normative legal documents, formulation of urban planning is an abstract administrative actions.Second, this paper enunciated the essence of urban planning from the relationship between urban planning and property rights: decide the acquisition content and change of real estate property and to define relations between the neighboring, and point out conditions for urban planning to adjustments of real right in accordance with the provisions of relevant laws, first, to ensure genuine public interest in city planning, secondly, we should give the appropriate right such as the right to information and right to be heard to the affected property owner.Third, this paper analy the problems that exist in urban planning to adjustment of real right: urban planning process has not introduced broad and substantive public participation, making that there is still a certain gap between the public interests of urban planning achieving and the pursuit public interest of urban planning; the urban planning permission neglected property, in the urban planning permission had not held hearings; urban planning regulations have the loss for the protection of property, the rights and obligations of the citizens is inequal defined in"Law on Urban Planning," no right to public participation in urban planning Process, finally, note urban socio-economic loss through a case example of neglected property in the urban planning.Fourth, put forwad improvement of urban planning system from the angle of real right: first, Increase the procedures of owner of property involveing in urban planning process of compiling, and make public participation in urban planning process and to public opinion adopted as urban planning review and approval by the National People's Congress, secondly, the hearings should be held before the urban planning permission, listen to the affected property owner'opion in the case, and open urban planning permission basis, planning programs and so on; again, urban planning legislation need to be innovated, in Amending the "Law on Urban Planning", take the period, procedures and adoption views of public participation in urban planning into the "Law on Urban Planning," fixed in the form of law, make the property owner to participate in urban planning become the necessary process in urban planning;last, the improvement of development control planning procedures,make the owner of property rights participate in the development control planning process, and to define the legal status of the planning control development, make the development planning which directly adjust property rights have generally binding with the society within a certain geographical area. Both "constitution" and the "real law" protect the private property of citizens, promoting social stability and promote socio-economic development. Urban planning through the rational arrangement of land and other space resources promote the socio-economic development of cities. Therefore, the goal of the urban planning and protection to real rights is identical; therefore administration of urban planning should protect real rights.