| Summary: | 碩士 === 國立交通大學 === 管理學院高階主管管理碩士學程 === 103 === With the development of cross-strait economic and trade exchanges, construction industry has entered the mainland in China to expand its business. With further facilitate and develop cross-strait economic and trade exchanges. Taiwan's construction industry will also have more opportunities to participate in China's large-scale urbanization construction. Under such prospects, the Chinese mainland and other studies of urban and rural planning system to highlight its necessity.
The so-called urban planning, according to the Chinese mainland in terms of discourse system shall relate planning of urban and rural land use and layout of the space. The concept of urban and rural planning in mainland China, since 1949, inherited the Soviet concept, after several changes, the current system has largely formed the urban and rural co-ordination of unified planning. The concept of urban and rural planning changes in China, followed by an exercise in the process of urbanization in China. At the same time, urban planning legal system has followed the development of urbanization, through the start, stagnation, recovery, development and improvement of five periods, has been basically formed a "Town and Country Planning Act," as the core, the relevant administrative regulations, local regulations, autonomous regulations, separate regulations, related regulations and other laws and regulations, including local normative documents, including a relatively complete legal system.
However, from the public participation in urban ,rural planning system, monitoring system and the maintenance system to look at the three levels of urban and rural planning system in mainland China, can be discovered: vague provisions on public participation system and the lack of practical implementation of the provisions, lack of public participation in the program, lack of participatory approaches; Supervision System attention to the power of the supervisory authority, tried to supervise by the NPC way to achieve public supervision, the main body in China's urban and rural planning and monitoring system is too elitist, and justice, the lack of public oversight; and relief system is even more problematic, "Town and Country Planning Act," not only did not make way for relief to the citizens of specific provisions, tried to restrict the powers of the way to achieve power relief, and in fact does not allow judicial relief.
From the overall perspective to look at urban and rural planning system in mainland China, in the legal system, the irrational structure of its legal system, local legislation is not unified, urban planning authority irrational allocation, program control is lax; feedback in practice, the government pole easy to abuse the right to urban and rural planning, administrative efficiency and low capacity, inadequate rural planning authority, ignoring the public interest. It is problematic. In contrast administrative planning legal systems of other major countries, are set to reasonable procedures to promote citizen participation, strengthen the supervision of public opinion and the citizens, the importance of judicial relief.
Overall, urban and rural planning system in mainland China is problematic, with the introduction of a number of legal and other new legislation law, the question part of the legislative system seems to get resolved. But hidden behind numerous problems and legal thinking is unconstrained administrative power constraints, these problems can be resolved in the future remains to be seen.
Keywords: China, urban planning, urban and rural planning legal system, public participation system in urban and rural planning, urban planning supervision system, urban planning relief system
|
|---|
