Research On The Law Safeguard Of Villagers To Participate In Village Planning

In recent years, along with the balance of urban and rural areas and the construction ofnew socialist countryside, the leading role of village planning in the new ruralconstruction has been paid more and more attention. The villagers as the main building ofnew countryside, should be participated in the preparation of the villageplanning implementation. Several laws and regulations such as China’s "urban and ruralplanning law" provides the basis for the villagers to participate in village planning in theaspect of law, however, to observation the theory and practice status of the villagers toparticipate in village planning, the villagers to participate in village planning is still in theinitial stage of exploration: The phenomenon of government unilaterally dominant Villageplanning is serious, the rules of villagers to participate in village planning are more scarce, thevillagers to participate in the rights have been violated is common, effective participation isalso needed to strengthen. Complete the villagers to participate in village planning needs clearparticipation in content, participation method, participation procedures involved in relief, etc,and through the system to become the norm, all this cannot do without the protection of ruleby law. So, it is necessary to review the present situation and problems of the villagers toparticipate in village planning, by learning the experience of other countries and regions,seeking the path to improve the villagers to Participate in village planning.Except for the preface and epilogue, involves the content can be divided into thefollowing four parts:The first part is overview of villagers to participate in village planning legal system. Firstintroduced the villagers to participate in village planning in basic concepts, then carried on theanalysis to the theoretical foundation of villagers to participate in the village planning,discusses the basic content of deliberative democracy theory, participation ladder theory,stakeholder theory and the theory of rule of law, finally discusses the relationshipbetween the villagers and the government departments, the planning staff and other closelyconnected persons village planning.The second part is the villagers to participate in village planning in ourcountry history, legal status and existing problems. Firstly introduces historical evolution of the villagers to participate in village planning in each stage since the founding, andthen summarizes the current legal provisions about the village planning villagers’ participation.Although the current laws and regulations have made some provisions, but the laws andregulations on the villagers’ participation is still relatively scarce, thegovernment unilaterally dominating the overall planning status has not been changed, themethods of villagers to participate in village planning needs further exploration, also needs toimprove the relief system of the right to participate.The third part is the villagers to participate in village planning experiencein foreign reference. The UK,as the first country which set "urban and rural planning law" inthe world, through the "urban and rural planning law" and the village special regulationsclearly defined villagers to participate in village planning; In America, village planningparticipation system is Mainly by the power of community, and taking "Village Law of theState of New York" as an example to introduce the method of USA village autonomy invillage planning; Germany through the laws like "construction code", clearly stipulatesthe content of villages planning of villagers to participate in the program, time, etc. TheJapanese village planning and participation of villagers is a gradual improvement process,and rural comprehensive planning as an example, giving a brief introduction on the villagersto participate in village planning method. The state of villagers to participate in villageplanning system enlightenment: strengthening the construction of legislation, expandingthe villagers’ participation form and the participation stage and improving the villagers’participation in the relief system of village planning.The fourth part is legal thoughts of perfecting the villagers to participate in villageplanning in our country. First of all,"Urban and rural planning law" of the villagers toparticipate in village planning rules should be perfected, formulation and revision rules andregulations matching to "Urban and rural planning law", and establish and improvethe technical standard system of village planning, providing clear guidelines for the villagersto participate in village planning; Secondly, to change the government’s function in the villageplanning, implementation of village planning from leading by the government to thegovernment and the villagers participation mode, and perfecting the system of villagers’autonomy, to ensure the effective implementation of democracy at the grassroots level invillage planning; In addition, by improving the villagers consciousness to participatein village planning and participate ability, the village planning innovation participation way and establishing the villagers to participation in village planning mechanism to improvethe effect of villagers to participate in village planning; Finally, by constructing the appealsystem, administrative mediation system, administrative reconsideration andadministrative litigation system in order to improve villagers’ participation in the reliefsystem of village planning.