Legitimacy crisis of the village planning in china and its resolution
Loading...
Date
2019
Authors
Editors
Journal Title
Journal ISSN
Volume Title
Publisher
AESOP
Abstract
Based on the three-phase legality theory of regulation, standard and morality of the new institutionalism school, the legal basis of village planning is embodied in three attributes: state legal empowerment, industry standard management and public interest expression. The introduction of the Urban and Rural Planning Law in 2008 has endowed the village planning with legal status from the national legislation level, and promoted the legitimacy structure of village planning towards integrity, which has made the village planning officially enter the era of "legalization". However, a comprehensive review of the development results of village planning over the past decade reveals that the current village planning legitimacy structure is now facing some major legitimacy crisis, such as the absence of subject under the contradiction of jurisprudence, the failure of planning caused by the deviation of technical rationality, and the dilemma of seeking a maximization of public interests. The legitimacy of village planning presents a crisis state of complete structure and incomplete function. To resolve the legitimacy crisis of village planning has become an important part of village planning towards public policy in the new era. Based on a comprehensive analysis of the original mechanism of crisis generation, this paper proposes the corresponding resolution paths as follows. Firstly, repairing relevant legal gaps in village planning. Secondly, establishing rational technical guidelines for planning. Thirdly, turning to "contractual village planning" with multisubject affirmative, in order to promote the village planning legal structure to an ideal condition of form and function integrity.
Description
Keywords
Legitimacy Crisis, Technical Rationality, Public Interest, Multi-subject Affirmative