On The Rights Of Public Participation In Urban Planning Legal Protection

Since the 1960 s,public participation in urban planning has became an important part of urban planning and development in Western society, henceforth, also the an important content of urban planning and development. But in our coutry, urban planning has always been government-led, construction and reconstruction were completed by government and its construction management department. Apart from the government and planning management and relevant departments, other departments have no way of knowing and involved, as for the social public participation in urban planning, it is impossible to participate. With the development of market economy and democratic politics, public consciousness unceasingly strengthens, stimulate public enthusiasm for political participation, this phenomenon embodies particularly evident in the administrative areas. In the process of administrative activities, by allowing, encourage private right party in administrative operation, enhance the activities of administrative openness, impartiality, prompting the wishes of the government and the public to coordinate and interact, it has become one of the development trend of modern administration and the legitimate standards. Especially in urban planning----such an administrative areas with professional, technical, future oriented characteristics accompanied by policy, public participation in the exercise is not only a concept or expectation, should be a kind of system construction and system innovation. Chronicity, expert mode, the future of the preset function of urban planning put forward a higher degree of public participation. It has universal significance for the social and urban development.. in the Urban and Rural Planning Law of the people’s Republic of China were about eight terms stipulated in public participation, but most elastic clauses, the entire planning process, some of the key planning process does not guarantee participation in the provisions of the interested parties.In this paper, it is explored from two aspects of both theory and the legal system for the issue of public participation rights, such as:Part1. The basic theory of public participation rights in urban planning. In this part the writer analyses it from the meaning, characteristics, components and value of public participation rights. Expect to have a clear understanding of the rights category for the public participation rights. Therefore, it helps to find important evidence from the Constitution for specific rights of public participation rights.Part2. The present situation of public participation rights in urban planning. In this section depth analysis has down for public participation rights in the specific legal provisions, and the actual situation of operating the law.Part3. The legal construction for public participation rights in urban planning. This section, for the uncertainly of public participation rights in specific law, it is recommended that some improvements needed for the safeguard mechanism of public participation rights in urban planning. Such as, from the aspects of legal process, organizations, as well as the indication of relief system. Just some considerations made for that.