| 英文摘要 |
The National Land Use Planning Act (NLPA) has come into force on the A.D.2016.5.1 of promulgation. Art 45.1of the NLPA specify that central authority (construction and planning agency ministry of the interior) must announce the National Land Use Plan (NLP) before A.D.2018.5.1. The central authority proposes the draft of NLP. That includes functional zone and establishment of land use permit systems and regulatory measures for land use control. It will guide local authori-ties to propose it’s the important matter of draft of NLP. The NLP will decide the final zone of functional zone at plan scope further, and occur legal validity to restrict the property right of people. So the content of draft of NLP is very important. In view of this, this article discusses questions about the central authority and local authorities propose the draft of NLP from rule of law and plan of principle. For instance, the latter has obligation to the former that include cooperate, notice and consider. Besides, the draft of NLP involves with many concepts including plan goals, basic principle and draw principle. What is meaning at plan act? How do we interpret? What check and balance meaning between higher authorities and lower authorities? All the above questions belong to important topic. Because the future NLP of local authorities will restrict the property of people, it not only must abide by the draft of NLP, but also take notice of whether conform to legality in administrative law. This article base on due process of law as a way to interpret what is the legality meaning. We separate it from procedural due process and substantive due process to analysis the draft of NLP. We propose some topics for discussion as conclusion. 1. The right to participate in plan and procedural due process: It includes the beforehand right to participate in plan and remedial procedure. The planning agencies must abide by eight principles about participating. To solve disputes, the central authority must construct a system of laws and regulations review; 2. Land planning agency is to distribute and conflict coordinate: (1) higher authorities must propose a specific and clear plan: plan goals, basic principle, for instance. It will lead to lower authorities can comply. (2) even though lower authorities has obligation to abide by the plan was proposed by higher authorities, they have the plan discretion simultaneously. But they can’t violate relevant principles about the plan discretion. (3) higher authorities and lower authorities want to implement the principle of check and balance. The central authority need to amend the related law (like administrative litigation act). |
