从一次道路规划听证会看城市规划不可诉及其意义

从深圳市举行的一次城市道路规划听证会,引发出对城市规划诉讼特性的思索。通过将城市规划的一些基本属性与法理结合起来分析,认为城市规划成果以及城市规划制定有着不可诉的特性。依照我国目前的国情,应提倡城市规划不可诉,这将有助于促进城市规划的立法创新和公众参与。

FROM THE HEARING OF A HIGHWAY PLANNING TO THE UNACTIONABLE CHARACTERISTIC OF URBAN PLANNING

Through the brief introduction of the hearing of a thruway planning in Shenzhen city, considerations about the litigious characteristics of urban planning have been arisen. On introducing the Chinese legislative systems in urban planning, the conclusions has made based on the combined analyzing between the essences in urban planning and the legal rationale. Firstly, on the point of the procedures, the making process of urban planning is a kind of law-making activity in a broad sense. Secondly, on the point of the contents, the achievement of urban planning is a kind of normative legal document, because its documents and maps have the same normative and legal characteristics that should be required and included. Thirdly, on the point of the essences, the activity of urban planning is a kind of abstract administrative action, According to the above conclusions, it is reasonable to conclude that the achievements and the making processes of urban planning in China has to some extent the characteristic of being unactionable. To advocate such kind of viewpoint has very great significances. They are: to promote the innovation of law making of urban planning, to facilitate citizen participation in urban planning, to strengthen the viewpoint of aiming for the public interest in urban planning, and to improve the working efficiency of urban planning. In order to demonstrate the real situations of the thruway hearing and to facilitate the further discussions, two planning maps have been display in the paper, and the practical applications of the above conclusion have also been discussed. In the perspective of the executions of urban planning, the thruway planning has meet the demands of the relative planning regulations, which has been confirmed by a group of the authorized experts; In the perspective of the establishment of urban planning, the building of the thruway has represent the will of the civic people of Shenzhen city, because it is one of the main methods to solve the traffic jam problems in the city, which is the top issue concerned by the members of the city People's Congress Committee and has been designated as a important work to the municipal government, and because it represents the public interest of the whole city. So, in this exact planning case, the planning of the thruway is unactionable in law. Based on the legal regulations, and in accordance with the present social and economic situations in china, it is necessary to build up the viewpoint that urban planning is not actionable.