| Urban planning is the comprehensive planning and management of the future economic and social development,land use,spatial layout and construction of a city by administrative organs,and it pursues the maximum public interest through the allocation of transportation resources as public goods.China’s urban planning is divided into three dimensions: macro,meso and micro,based on the abstraction of the planning content and its functions.The urban planning of each dimension needs to conform to the justice of resource allocation so as to maximize the public interest.The pursuit of formal justice,procedural justice and substantive justice in the allocation of transportation resources is reflected in the formal function,procedural function and substantive function of urban planning.The formal function of the act of urban planning in allocating traffic resources at different levels is clarified by identifying the nature and object of its effectiveness;the procedural function is understood by analyzing the neutrality of the preparation subject,openness and public participation in the act;the substantive function is judged by the balancing effect of the act on different conflicts of interests in the allocation of traffic resources,and finally the nature of the administrative act of urban planning in allocating traffic resources at different levels is determined accordingly.The nature of the administrative act of allocating transportation resources in different levels of urban planning is determined accordingly.The macroscopic urban system planning has a binding effect on the internal administrative organs,and the procedural function of subject neutrality,openness and public participation is reflected,and the substantive function is to balance the contradiction between the central government and the land and the contradiction between large and small cities.The act of meso-dimension,which has compulsory effect on internal and external unspecified relative,has enhanced the function of subject-neutrality,openness and public participation in the procedure,and its substantive function is to determine the traffic mode ranking and balance the traffic resources enjoyed by each mode,which is an abstract administrative act.The microdimension of the act,with the mandatory effect on internal and external specific relatives,the procedural function of subject neutrality has been somewhat reduced,but the role of openness and public participation has been enhanced,the substantive function is to balance the specific stakeholders in the planning area and other subjects travel interests of the conflict,belongs to the specific administrative act.The current state of practice of different dimensions of urban planning functions in the allocation of transportation resources should be examined,and mechanisms should be given to realize its predetermined functions from the perspective of the rule of law.The formal functions of each dimension should be corrected by promoting legislation based on procedural law of urban planning.The system of separation of functions is improved to avoid partiality,the mechanism of responsibility list promotes the role of disclosure,and the procedural functions at each level are improved by expanding the time and manner of public participation.Finally,the administrative contracting system is used to balance the conflicts between the central government and the land at the macro level,and the development of urban clusters to improve the radiating power of cities to eliminate the conflicts between large and small cities;the principle of proportionality is used to balance the conflicts in the development of each transportation mode at the meso level;the administrative litigation and reconsideration system is used to provide sufficient remedies to specific stakeholders so as to balance the substantive conflicts of interests at the micro level and finally realize the urban planning in the allocation of transportation resources.Maximize the public interest in transportation resource allocation. |
