The Study On The Enforcement System Of Planning System In China

With the accelerating process of urbanization, China’s economic has been sustained andrapid developing, bringing an increasing urban construction. Under the background of Marketeconomy, society has entered a transition period, and city development is faced withunprecedented complexity and contradiction, urban space has become the “arena” where thevarious stakeholders pursue their own value realization. Facing the diverse background suchas interest subject, construction activities, social demand, while urban planning has the powerof allocating urban space resources, it also has been facing challenges and impact from avariety of stakeholders, plaguing administrative decisions of the urban planning departmentsand the effective implementation of planning itself. The most direct expression is the crazygrowth of illegal construction.Based on the above background research is put forward. By extensive reading of Britain,Australia, Hong Kong urban and rural planning acts’literature, completely introducing thelegal basis, the performing subjectand objects, terms and conditions, the implementation ofprocedures in the enforcement system of planning control in Britain, Australia, Hong Kong.Combining with our planning system and several typical enforcement cases through in-depthcomparative analysis, put forward the strategy to perfect the enforcement system of planningcontrol in China.Now, China has the necessity to establish the enforcement of planning control, but notyet formed a complete system to implement the urban planning process of management.Perfecting the enforcement system of urban planning control, the key is to establish thefollowing three aspects:The Illegal Regime Side–In the laws and regulations system, making it clear about thecriminal liability, the legal definition of illegal construction, and the exemption of illegalconstruction, so the administrative agencies and the courts can make the administrativedecision and ruling of law, which would meet the requirements of laws and regulations. Clearthe ideas and principles of legislation in the process of execution, give full play to the role ofthe advantage of discretion, reach an effective balance between justice and administrativeefficiency.The operation procedure Side–In practice, constructing an all-directional pattern of thejudicial organizations and procedures, giving full play to the characteristics of judicialprocedure,ensuring the fairness and justice of the execution. Through enriching theenforcement measures to ensure enforcement can be implemented smoothly, effectively avoiding social conflicts, environmental damage and other issues caused by violentexecution.Enforcement system of planning control, based on no uniform legislation in the nature,will face a lot of difficulties; this paper also tries to put forward some suggestions ofimproving the broad sense to solve the problem. Through perfecting the enforcement system,and enhance the effectiveness of planning control mechanism, to ensure the planning systemhaving the continued support and trust from the public.