Research On The Protection Of The Interests Of Interested Parties In The Change Of Urban Planning

Nowadays,the orderly development of cities is an important indicator to promote social and economic development.As an administrative plan,urban planning is an important tool for urban planning management agencies to plan the direction of urban development.However,in order to pursue greater social benefits,it is more common for urban planning to change during the implementation process,and the legal rights and interests of stakeholders in a vulnerable position have been violated in planning changes.From the perspective of stakeholders,the issues related to the protection of the legitimate rights and interests of stakeholders in urban planning changes are discussed.The first part of the article starts with the meaning of urban planning and comparatively analyzes the connotation of urban planning changes.It mainly refers to the changes made by the relevant government and urban planning authorities in accordance with the law to the urban planning rights that have already been legally effective.According to the difference between the two "plan-by-authority" and "apply-by-apply" urban planning change methods,this article expressly studies the protection of the rights and interests of stakeholders under the "apply-by-apply" change method.Combining with the urban and rural planning laws,the legal reasons for urban planning changes and the relevant expressions of legal procedures,it is legal basis to highlight the protection of the legitimate rights and interests of interested parties.The second part mainly identifies the stakeholders involved in the process of urban planning change from three major aspects: first,referring to the administrative laws and regulations of various countries,the meaning of the legal term "stakeholder" is explained after determining its basic meaning,A stakeholder who believes that the process of urban planning changes generally refers to any individual who has participated in the legal causation of the subject of the urban planning change and the legal rights or obligations of the subject to the urban planning change Or organization.Secondly,combining the provisions of Article 26 of the Urban and Rural Planning Law and the relevant provisions of Article 46 and referring to the main body extension of the stakeholder defined by the standard of the administrative litigation agency to determinethe qualification of the plaintiff,once again emphasizes that the "interest" is the key Judging whether its subject is an appropriate interested party,and finally explained how to determine whether it belongs to an interested party during the process of urban planning change,that is,it must have specific legal rights and obligations,appropriate obligations and rights,and have equivalent The three main legal influencing factors including the legal cause and effect relationship.The third part first discusses the three legal principles for the protection of the rights and interests of the stakeholders in the urban planning change,including the specific legal support provided by the right to restrict power,the principle of trust protection and the principle of due process of law,and then discusses the rights and interests of the stakeholders.The three legal elements of protection,that is,the legal rights and interests must be damaged,the urban planning change has been completed,and there is a legal causal relationship between the damage to rights and interests and the change.Finally,the two interests are analyzed in the form of cases Where the rights and interests of the person are not protected.The fourth part mainly focuses on the specific categories of protection of the legitimate rights and interests of stakeholders during the process of urban planning change,including various entities such as legal property rights,claims and relief assistance rights obtained by stakeholders Rights and interests,as well as various procedural rights such as their right to know,participation,expression,and conference hearing rights,and focused on the analysis of their legal basis in the process of urban planning changes and the legal necessity of protection.The fifth part discusses the behaviors of infringing on the legal rights and interests of the stakeholders during the process of urban planning change from the two levels of law and judicial practice,combined with specific real cases.It mainly analyzes the direct violation of the principal qualifications and other legitimate rights and interests of its stakeholders through various infringement methods such as any violation of statutory city planning changes and statutory city planning change procedures,and hinders the direct participation of stakeholders in statutory city planning The altered procedures,restricting its expression of opinions,the lawful exercise of the right of hearing,andmany other infringing performances indicate that there is a certain urgency and necessity to effectively protect the legitimate rights and interests of interested parties.The sixth part mainly focuses on the improvement of relevant legal measures to protect the legitimate rights and interests of stakeholders in urban planning changes,including the legalization of the legitimate rights and interests of stakeholders and the expansion of the scope of stakeholders involved in the urban planning change process,and then from The three parts of the hearing procedure,the hearing personnel and the hearing results have improved the hearing system in the change procedure in detail,and then elaborated on the relevant compensation and loss compensation system after the loss of the legitimate rights and interests of the interested parties in the city planning change,and from the loss The principle of compensation blame,the scope of compensation and the standard of compensation for damages have improved the system of damage compensation in detail.Finally,for the system of loss compensation in the change of urban planning,the method and content of the required compensation for damage are first determined in detail,and then detailed Discuss the principle of loss compensation,and then put forward opinions and suggestions to perfect the loss compensation system from the perspective of the choice of loss compensation methods.