Urban And Rural Planning Research Stakeholders Procedural Rights Guarantees

The legislation and theoretical research of China’s urban and rural planning lagsbehind, which means stakeholders’ lawful rights and interests in urban and ruralplanning is lack of legal protection, so that the interests of the stakeholders in urban andrural planning is frequently violated. Overall, at present, the problems of protecting thestakeholders’ procedural rights in our country’s urban and rural planning are: theabsence of the stakeholders’ procedural rights, the lack of practicality and the perfectrelief mechanism in stakeholders’ procedural rights. The main causes of these problemsare that the theory research of the urban and rural planning lags behind and that theurban and rural planning law cannot perfectly protect the procedural rights of thestakeholders in urban and rural planning. Besides, the causes are also that thestakeholders’ procedural right in urban and rural planning lacks the guarantee of aunified administrative procedural law and that the weak awareness of publicparticipation from urban and rural residents. However, on the legislative level,perfecting the guarantee mechanism of protecting the stakeholders’ the procedural rightsin the urban and rural planning should focus on the three problems: Firstly, revisingthe "Urban and Rural Planning Act " and refining the information disclosure system andthe hearing system;Secondly, drawing up “The Administrative Procedure Act” asquickly as possible and setting a uniform procedural rules of the administrative subject;Thirdly, improving the relief mechanism of procedural rights through expanding thescope of accepting cases of administrative reconsideration and administrative lawsuit.