【New System of Urban Planning Review】Pioneering the regulatory review in the litigation; settling disputes in advance; providing professional, timely, and effective protection of rights
▍1.Purpose of amendment to law
The formulation and change of urban plans not only affect the allocation of land resources and the growth of population and economics, but also involve the living qualities of people and the issue of residing justice. Taking into considerations to both the national economic and social development and the protection of basic rights of people, when the people's property rights are prejudiced due to urban plans, they do not have to wait for the administrative disposition (e.g. expropriation of land) rendered according to the urban plans to take remedies, and the people may initiate litigations within one year of the publication of urban plans. Judges may directly review whether the urban plans violate law (i.e. regulatory review) in order to protect rights of people and to settle disputes in advance. As long as the urban plans violate laws, the court may announce the nullity, or ineffectiveness or violation of the plans. The effects of the judgment of the violation of urban plans apply to anyone (in rem exclusive effect), can obtain the one-time settlement of disputes, and can supervise the administration by law.
▍2.After an urban plan is publicized, you may initiate litigation regardless of the zoning of your land
▍3.
- Release Date : 2020-01-15
- Update : 2021-07-14