Research On The Legal Issues Of Public Participation In Urban Planning In China

Urban planning is to achieve the stage of urban development goals, taking into account the city size, location, based on the efficient use of limited urban land resources, the rational division of urban functional areas, overall management of specific construction projects in a series of activities.The urban planning is a kind of typical administrative power, and the power is inherently expansive. Therefore, it is necessary to introduce the public participation mechanism to supervise and restrain the urban planning.This paper mainly uses the research methods of normative analysis, historical investigation, comparative study and empirical analysis. Firstly,the concept of public participation and urban planning is extracted separately, then the concept of public participation in urban planning is extracted. Then, The deep-rooted jurisprudence foundation, namely the participation democracy theory and the right to the power control theory. This paper analyzes the legal status of the central and local public participation in the urban planning from the domestic perspective,and analyzes the two legal events of the blasting teaching building of Wuhan University and the protection of the ancient city of Yangzhou City, affirming the public participation The restraint of planning power, safeguarding public interests, safeguarding the procedural justice of practical significance. Then, this paper analyzes the advanced legislative and practical experience of the "central government-led model" in the United Kingdom and the"detached-dominated discretion" model, and draws the inspiration for public participation in urban planning, that is, mature public participation The urban planning mechanism should have the following five characteristics: a clear and highly organized participant body, flexible participation mode, feasible participatory process, strong participation effect and complete relief means. Finally, based on the experience of western developed countries, this paper puts forward some suggestions on public participation in urban planning in China from the aspects of participant, participation,participation, effectiveness and relief. Public participation system can really play a real role in the field of urban planning.