Analysis On The Procedural Law Of Chinese Urban Planning

The construction of the procedural law system in urban planning is an important aspect and inevitable request in the advance of urban planning law system. This composition reviews the procedural indexes of the statutes to define the actuality of Chinese urban planning procedural law system and find the statutes'vices, then gets some measures to consummate the law system of our country.There are five chapters in this composition besides the foreword and tag. In the abstract, I would introduce the basic logic of the composition. Chapter 1, The basic theory of urban planning. In the section 1 of this chapter, I introduce the development,conception, function, types of the modern urban planning, etc. And I emphasize that the urban planning plays an important role in the course of city development and urbanization. In the section 2 of this chapter, I would classify the urban planning administrative behaviors, which will be the basis of the discussion on the procedural statutes system, then I also discuss the sorts of the statutes gist in urban planning administration, and the attribute in law of each sort.Chapter 2, The development of Chinese urban planning law system. In the section 1 of this chapter, I will define the meaning of urban planning statutes system and classify the contents of Chinese urban planning statutes system, which is based on the discussion of the statutes gist in chapter 1, at last I will introduce the history of Chinese urban planning law system. In the section 2 of this chapter I will summarize five problems in the development of Chinese urban planning law system. In this part, I also discuss the necessity of procedural law system construction in Chinese urban planning area, standing on the side of the whole law system construction.Chapter 3, The procedural law system in urban planning. I will define the conception of the urban planning procedural law firstly, in the section 1 of this chapter. Then I will make a discussion on the function of the procedure to establish and modify planning, the procedure to execute the planning, and the procedure to resolve the disputes in urban planning administration. Based on the different kinds of procedure, I will emphasize the key points of the procedural system construction. In the section 2 of this chapter, I will introduce the relative procedural system in England, France and USA, which will be the basis of the discussion following.Chapter 4, The actuality and vices of urban planning procedural law system in our country. In the section 1 of this chapter, I will firstly illuminate the standard of 13 procedural indexes selection. In section 2, the content will be six aspects to define the actuality of urban planning procedural law system in our country. In section 3, I will analyze the result of these indexes, also make a comparison of legislation between the central government and the local government. Meanwhile, I will consult the overseas procedure system in the relative area. Based on these analysis, comparison and reference, I will conclude that there are vices of five aspects in the urban planning procedural law system of our country. Chapter 5, The adaptation of Chinese urban planning procedural law system. In the section 1 of this chapter, I will emphasize that the notion of urban planning in our country must be changed, which is the preparation in notion for the adaptation of urban planning procedural law system. In section 2 of this chapter, I will cite the theory of public policy to take apart the course of urban planning decision-making, and seek improvement of the urban planning decision-making procedure statutes. In section 3 of this chapter, I will discuss three aspects to seek the construction and improvement of Chinese urban planning procedural law system: the improvement and adaptation of relative entity statutes, the improvement and conformity of procedural statutes, the adaptation of the legal duty system.All the discussion above will conclude that:1. Urban planning is an effective method for the city government to seek the rational development of the city and resolve the problems emerging in the course of the urbanization. So, the construction of procedural law system in urban planning will play an important role in the urban planning administration and urbanization.2. There are vices of urban planning procedural law system; the public interests and citizens'legal rights couldn't be protected effectively by relative procedural system. These vices are also the extrusive problems of the whole urban planning law system in our country.3. The Urban Planning Law is the core law of urban planning area in our country, but this act has many vices of the procedural statutes. For seeking the improvement of Chinese urban planning law system, standardizing the urban planning behaviors, and insuring the order and rationality of the urbanization, the procedural statutes in The Urban Planning Law must be consummated.