The Legal Regulation Of The City’s Regulatory Plan

Under the background of accelerated urban renewal and urbanization,due to the unclear understanding of the regulatory plan,the planning behavior deviates from the legal provisions and is inconsistent with the superior planning.At the same time,the legal remedy for the regulatory plan is not clear,which seriously damages the rights and interests of interested parties.This paper takes the compilation and modification of the regulatory plan as the research object,aiming to clarify the legal attributes of the regulatory plan,and put forward a reasonable legal governance path combining with the practical problems in its governance.Regulatory plan belongs to urban plan in administrative planning,and its direct superior planning is urban master planning.Therefore,regulatory plan is often regarded as the implementation and refinement of master planning.At the same time,it is also the basis for government departments to issue "one book and two certificates".The regulatory plan has the following legal characteristics: from the perspective of content,the regulatory plan is executive,which not only implements the laws such as the urban and rural planning law,but also implements the superior planning such as the urban master planning;From the perspective of legal effect,regulatory plan has the legal characteristics of both abstract administrative act and specific administrative act;From the perspective of formulating procedures,it is democratic,open and scientific,and emphasizes the principles of democratic participation and openness.At present,there are many problems in the current situation of regulatory plan.Firstly,there is the phenomenon of no planning and disorderly planning;Secondly,there is a lack of procedural justice in the formulation and revision of regulatory plan.On the one hand,the procedures in the urban and rural planning law,the measures for the preparation and approval of urban and town regulatory planning and other legal norms are lack of scientific democracy.On the other hand,the planning is not revised according to the legal procedures in practice,resulting in damage to the interests of stakeholders;Finally,the remedies of stakeholders are not smooth,and the case acceptance rate of the court is low.In judicial practice,there are different opinions on the legal nature of the regulatory plan,and there is no unified standard for the compensation of the regulatory plan cases.Through the above analysis,this paper puts forward feasible suggestions to improve the legal governance of regulatory detailed planning: first,make the formulation process of regulatory planning more democratic and open by improving the hearing system,disclosure system,change initiation and procedure;Second,improve legal supervision,form a supervision system of urban and rural planning inspectors,and improve inner-party supervision,procuratorial supervision and the supervision of local people’s congresses and their standing committees;The third is to improve the judicial judgment.According to the specific situation of the case,clarify the two trial methods of the case,comprehensively review the regulatory detailed planning,and form the standard of compensation or compensation.