城市规划中的公众参与权利保障-宪法学与行政法学专业论文.docxVIP

本研究重点在于如何从比较英美城市规划法律体制中，转而审视我国现行城乡规划 制度的薄弱之处，结合行政程序中理念和相应制度设计，从而在借鉴中提出建构、健全 我国公众参与规划权利保障体制的初步思路，最终形成对我国规划体制保障程序的架构。 由于城市规划本身具有的政治性、模糊性和专业技术性特质，传统的研究从行政复 议、行政诉讼维度对公众参与权利的保障显得软弱无力，本研究着力将城市规划的过程， 即行政程序作为保障公众参与权利的切入点，配合完整的行政监督制度设计和相应的司 法审查密度，将“参与”真正作为一项权利赋予给公众而不只是提供其一种象征性机会。 关键词：城市规划；倡导式规划；公众参与；正当法律程序 Abstract Our country in the past on town planning, planning or plan by the political emphasis, too programmatic significance, public participation in planning and administration of the difference between the right has been neglected in recent years the trend of democratic politics, the rights of citizens to participate in the growing importance of planning and consideration of the executive authorities also have begun to attach importance to supervision and review requirements. Administrative acts in theory, that is, planning is the administration of the essential characteristics of modern administration, one of. Administrative Law at the Chinese study, Planning Administration and plan administration has not been a strict distinction between the practice are often based on general semantic or up to select a synonym for this group, which has many practical expressions for the easy plan, plan. Urban planning there was a clear procedural characteristics, the German Federal Administrative Procedure Act in the administration plan has a special chapter in the planning of administrative procedures applicable laws and regulations, hearing procedures, the planning of the ruling to determine the detailed requirements and so, this paper look at the existing the urban planning system, laws and regulations found that the main planning and specific plans at the level of division on the actual content of unclear cause when planning should be worked out to provide opportunities for public participation, when public participation should be given the defense the right to There is no specific standard to follow, In addition, when the Urban planning the event of a dispute case, the existing l