The Leeal Anthropological Studies Of The Benefit Gambling In Urban Planning

The urban planning while brings the tremendous contribution for the city construction and the development, also has brought the benefit pattern change, by benefit gambling which its initiates has already become the question which in the city government process must overcome. This article embarks from the case, using legal anthropology regarding the case research technique, the benefit which exists to the urban planning in and the gambling form carries on the analysis mutually. This article thought in the urban planning establishment and the implementation, has the government benefit, the individual benefit, the public benefit, in which government benefit splits up into the central governments’ benefit and the local governments’ benefit, the individual benefit splits up into the commercial interest and besides the commercial benefit individual benefit, the different benefit main body has the different benefit direction.The benefit gambling main manifestation is:Central governments’ benefit and between local governments’ benefit gambling, between local governments’ benefit and public interest gambling, between public interest and commercial benefit gambling, between individual benefit gambling, between local governments’ benefit and individual benefit gambling.This article thought creates forecited benefit gambling the reason to lie in:"Development localism" to the urban planning influence, enables the urban planning into local government to gain the economic interest, the accumulation politics benefit method; In the urban planning authority disposition existence insufficiency, causes the central government with difficulty to restrain the local government to the urban planning utilization, also causes the place organ of power with difficulty active oversight and interferes with the urban planning; The urbanization advancement influence twisted the local government regarding the urban planning understanding; In the urban planning the public participates in the insufficiency, causes all quarters benefit to obtain the expression with difficulty.In this foundation this article proposed the corresponding legal countermeasure by balanced benefit gambling, the countermeasure mainly includes:Enlarges the local people’s congress standing committee to the urban planning influence; Containment "development localism" negative effect; Participation through the local people’s congress standing committee and the judicial safeguard enhancement public; Expansion to urban planning judicial review.