Legal Control Of Urban And Rural Planning Power In China

This paper focuses on the conflicts between required purpose and actual effect when exercising urban and rural planning power.Analyze the relationship between land management power and urban and rural planning power of local governments,mainly discuss the violation of public interest and different treatment towards interest of different administrative relative persons caused by urban and rural planning power,points out the lack of appropriate law control over the urban and rural planning power by focusing on the phenomenon that the purpose of urban and rural planning is to pursue public interest and interest representatives and combining with China’s city land system.City planning is blueprint for the development of a city,and has a far-reaching impact on the interests of the city.Although the legal purpose of urban and rural planning is to promote the realization of public interest,the urban and rural planning itself is an administrative discretion,administrative organs have a considerable degree of autonomy in the process of exercising it,and the coincidence of urban planning power and land management power have caused shortsighted decision-making of administrative organs and lack of public interest representatives,therefore,it is necessary to restrict and regulate the urban and rural planning power legally.The first part introduces the concept of urban and rural planning power,and illustrates the pursuit of public interest in urban and rural planning activities.It shows the shortsightedness of public decision-making and the lack of public interest representatives in the exercise of urban and rural planning power through the analysis of relevant legal norms and cases of public interest lack in the practice of urban and rural planning.It mainly takes the land finance as the background,and analyzes the connection between urban and rural planning power and land management power,trying to explore the reason of public interest representative problem in the exercise of urban and rural planning power.In the second part,the theoretical basis of necessity of legal control in urban and rural planning power is deeply explored.When the urban and rural planning power is executed,the fact that the local governments are entitled with the power in staffing,examination and approval,and land makes it necessary to legally control the power of administrative bodies.In this article,this problem is to be discussed in such three aspects as the requirement of planning discretion control,the necessity of control of urban and rural planning power,and the requirement of rightful administrative procedures.In the third part,legal control of urban and rural planning power is emphatically explored through administrative section-level supervision.The author will introduce the attempt of the central government to supervise the execution of urban and rural planning power of local governments and analyze the real effect in the process of planning supervision,to make clear power operation and division,and finally the thought to resolve the problem of how to strengthen urban and country planning power through planning supervision is proposed.In the forth part,taking the exterior power supervision as the approach,the control mechanism of the urban and rural planning power is explored under the new circumstance.First,public engagement,the attempt to control urban and rural planning power in such processes as staffing,examination and approval,and modification in the way of separation of powers is introduced,to analyze the existing research achievements,and then the planning committee system,the deepened mode of control through separation of powers is explored,and finally under the system that urban land is nationally owned,the methods to improve this interests represent and expert control mode.