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随着时代的变革,服务行政已成大势所趋,行政机关的单方面大权在握已成为历史,行政机关和利害关系人共同决策是理智之举。当前针对城市土地利用、学区房建造、拆迁、土地征收等许可问题的关注度非常高,但是却忽视了规划乃许可的前提与基础,从源头上把关效果远远强于个案的解决,尤其是城市规划制定和变更过程中利害关系人的界定、范围确定和利害关系人的权利保障等问题尤其根本重要,本文主要从城市规划中利害关系人参与权保障的必要性角度进行解读,一方面参与权作为一种程序性权利,对公民实体性权利的实现有着不可替代的作用;另一方面参与权作为一种权利乃是对抗政府权力的中流砥柱,规划是对自由市场经济的一种限制,如何把这种限制的负面影响制约之最低是参与权保障的重要任务;最后得出结论——对参与权的保障是城市规划公平性与公正性的制度保障。
With the reform of the times, the service administration has become the trend of the times. It is sensible for the executive authorities to hold the unilateral power of power one after another in history, and the joint decision-making by the executive authorities and the interested parties. At present, attention is paid to urban land use, school building construction, demolition and land acquisition and other permitting issues. However, the preconditions and foundations of planning permission are neglected. The gatekeepers’ effectiveness at source is far greater than that of individual cases. In particular, In the course of making and changing of urban planning, the definition of stakeholders, the determination of scope and the protection of the rights of interested parties are especially important. This article mainly interprets the necessity of ensuring the right of participation of interested parties in urban planning. On the one hand, As a procedural right, right has an irreplaceable effect on the realization of the substantive rights of citizens. On the other hand, the right of participation as a right is the mainstay of fighting against government power. Planning is a restriction on the free market economy. How It is an important task to ensure the right to participate. The conclusion is drawn that the guarantee of the right to participate is the system guarantee of the fairness and fairness of urban planning.