Legal Control Of Urban Planning

In China, with the development of social economy and the quickening of urbanization, it is more and more obvious that the urban planning is important, complicated and formidable. However, the urban planning nowadays has been far behind the recent need, which leads to the confusion of practice and more planning issues inevitably. It is really harmful to a stable society and developing economy. This thesis proceeds with some basic theories, such as the origin, the essence and the legal attribute of urban planning. It considers that the planning is a dynamic legal act, studies it under the administrative law, analyzes some legislation flaws in the urban planning legal system, puts forward the principle of controlling part of urban planning, and probes into some method to plan the administrative legal relief.There are five parts in this thesis. The foreword part dwells on the environment of urban planning study. And surveying the urban planning according to constitutionality and rebuilding the planning system under the law are also included in this part. The first part goes the brief introduction, mainly talking about the origin, legal attribute and classification of urban planning, which is a theory preparation for the following discussion. The second part deals with the flaws of the current urban planning legal system in China, which analyzes the disadvantages of current urban planning system from five aspects, such as power distribution, legal conflict, value position, legal responsibility and legal procedure. The third part is the urban planning under the law. It is also divided into three sections: the necessity, means and principle of legal control. It bases on the theory of planning procedure control to bring forward the requirement of constitutionality principle, proportion principle, reliance and protection principle and just procedure principle of urban planning under the law. The forth part focuses on the just procedure of urban planning. It uses a reference to the cases of Britain, Germany and Japan to analyze the current urban planning and its flaws. After that, it puts forward the concrete assumption for the just procedure of planning in China. The last part is legal relief of urban planning. It analyzes the current legal relief system and makes a conclusion for a better one in different stages and to different cases of planning administration.