论行政规划的司法救济

Udicial Relief of Administrative Planning

目前,关于行政规划的探讨已经取得了一些成果,许多的教科书也把这种新型的行政方式予以写入,但是行政规划的救济问题没得到根本解决。实务中,关于行政规划的案例并不少见,但解决的方式却多是以规划后续行为进行起诉,对规划本身却不多提及。该篇认为针对规划本身之救济,应解决其救济对象、可诉性等问题,进而予以制度构建。

At present, the discussion about the administrative planning has made some progress, the new administrative way is written by many textbooks, but the relief issues of administrative planning have not been fundamentally solved. In practice, the administrative planning case is not uncommon, but the solution is planning more prosecute subsequent behavior, not to mention of planning itself. The relief of planning itself should solve the problem of its clients, actionable, and then the system is building.