Although the administrative planning of modern countries is very different from the mandatory, mandatory and ubiquitous planning in the planned economy era, both binding planning and non-binding planning have a wide impact on our lives. "The subject purport of administrative law lies in reviewing how administration is bound by law to ensure people's basic rights. Therefore, all the actions of administrative organs involving people's rights or obligations should be the subject of discussion in administrative law. " This can be said to be an incisive explanation of the research scope of administrative law. It should be one of the core driving forces for the development of administrative law to study the behavior of administrative organs and the protection of the rights of administrative counterparts under the care of the people-oriented value model and the concept of human dignity. This is also in line with the development of administrative law itself. Because not only the emergence of administrative law is closely related to the concept of human dignity, but also all kinds of administrative fields of the country, such as administrative organization, administrative role and administrative relief, must be recognized and operated from the perspective of safeguarding human dignity. Because of the long-term formed typed thinking mode and methodology, the subject of administrative law is easy to cause narcissistic self-appreciation, and objectively forms a self-enclosed research scope. The development of the practice of rule of law and the need of humanistic care have become the effective keys to break this closeness. The study of administrative planning is rejected by administrative law from the initial simplicity, and the related research is gradually heating up, which is the projection of the increasingly frequent use of administrative planning and people's need to protect their legitimate rights and interests in the field of administrative law research.
However, the position and influence of administrative planning in the research of administrative law is far from consistent with its position and influence in practice. "Administrative planning plays an increasingly important role in modern administration, but the research in administrative law started late and has not attracted enough attention from scholars, and there is a serious imbalance between concrete practice and theoretical research." From the macroscopic theoretical system, administrative planning has always been a relatively weak link in domestic administrative law research. Even for a long time, it is difficult to find traces of administrative planning in administrative law textbooks and monographs; There is no place for administrative planning in the theoretical system of administrative behavior. Although the research situation has changed a little, it can't fully respond to the requirements of reality because of the lack of breadth and depth of research.
Taking China as an example, the study of administrative planning in mainland China's administrative law circles generally started late. "The academic research on planning (planning) is very weak, and the research on the supervision and regulation of administrative planning from the perspective of administrative law has gradually attracted people's attention in recent years." In the monographs and textbooks on administrative law published in mainland China in previous years, there was generally no chapter devoted to administrative planning. It was not until some comprehensive administrative law textbooks and monographs published in recent two years that a special chapter was set up to discuss this. There are also works on administrative procedures that specifically study administrative planning procedures. In some administrative law translations, there are also special chapters to discuss administrative planning or its procedures. There have been few papers on administrative planning or its procedures in the field of administrative law, and most of the only articles have been completed in recent years. For many years, dissertations on administrative planning or its procedures began to appear in the major of administrative law. It can be said that there is an obvious gap between the practice of administrative planning and the research of administrative law in China. Under the background of ruling the country according to law, the administrative law circle is reflecting on this. Administrative planning must follow the road of rule of law, and Chinese people are increasingly aware of it, increasing their sense of urgency. So, how did this * * * knowledge and sense of urgency come into being? At the end of the 20th century, China's Constitution established the general plan of governing the country according to law and building a socialist country ruled by law. 2/kloc-at the beginning of the 20th century, the central government put forward the goal of promoting administration according to law in an all-round way and building a government ruled by law after ten years of unremitting efforts. Although these are important factors, the more important factors are probably the intensified disputes over house demolition and land requisition in recent years, and the phenomena of infringement, abuse of power and corruption highlighted in these disputes, as well as the painful tragedies of millions of people in Qian Qian caused by these violations, abuse of power and corruption. However, how should the road of administrative planning be ruled by law? What kind of legal system should we establish to avoid or reduce disputes, infringement, abuse of power and corruption, and the painful tragedy of thousands of people? Today, Chinese people do not have enough knowledge about it, and academic circles have no urgent sense of studying it.
The research on administrative planning in Taiwan Province area of China started relatively late. Wu Xinhua, a famous scholar, pointed out: "Since the 1990s, there has been a systematic study. Compared with other hot topics in administrative law, such as administrative punishment, administrative orders (laws and regulations) and administrative contracts, which started earlier and were discussed in depth in academic circles, administrative planning is undoubtedly a relatively new topic." The explanation of administrative planning in textbooks or works is relatively simple, and there are also a few periodical papers. For many years, graduate students in the field of administrative law have studied this topic and formed three master's papers. Due to a small number of litigation cases in Taiwan Province, China, the research on some contents has increased compared with mainland China, such as the legal nature of administrative planning and the scope of litigation. But on the whole, there are basically the same problems as those in mainland China, that is, the structure of theoretical research is not reasonable, and the research content is not deep and heavy enough.
Generally speaking, the theoretical research on administrative planning in China is insufficient in breadth and depth, which is manifested in the following four aspects.
1. In comparison, there are more studies on the category of administrative planning, but less on its legal nature, so it is impossible to accurately locate it in administrative law. Perhaps because of doubts about the plan in the planned economy era, at present, the research on administrative planning in China focuses more on category research, such as definition, classification and function, but has not conducted in-depth research on the legal nature of administrative planning. The reasons are as follows: first, there is no precedent directly targeting administrative planning behavior in China, which makes theoretical research temporarily without focus; Second, because some administrative plans are abstract and some are concrete, it is difficult to absorb them according to the theoretical framework that the existing administrative acts are divided into concrete administrative acts and abstract administrative acts. However, the discussion on the legal nature of administrative planning is important for judging its legal effect or relief, and establishing its theoretical system to closely combine it with other administrative acts, which is an unavoidable topic. As for the nature of administrative planning, there is a debate on the theory of single nature and non-single nature in theory, which needs to be clarified in theory. In German, Japanese and Taiwan Province, whenever there is a case about the legal nature of administrative planning, it can cause a theoretical research climax, which is in sharp contrast with the relatively cold research on administrative planning in mainland China.
2. Comparatively speaking, there are more research results on administrative planning procedures, but less on the legal relationship of administrative planning entities. The legal control of administrative planning mainly includes procedural control and substantive law control. Because of the particularity of planning itself, administrative organs enjoy extensive freedom to decide, so the control over it is more manifested as procedural control; However, this does not mean that the control of substantive law can be ignored. The substantive law control of administrative planning mainly includes the authorization in the organization law and the provisions in the function law. The basis of substantive law is often the most basic basis for the legitimacy of administrative planning, but the legislature often has great principles and vagueness in legislation based on the consideration of planning characteristics. Therefore, how to determine the relevant standards and boundaries is a subject worthy of in-depth study.
3. Comparatively speaking, there is more research on general administrative discretion, and less research on planning discretion and its internal structure. Compared with administrative discretion and judgment margin, planning discretion is a concept with independent personality. Because administrative planning has the form of objective program, not conditional regulation, the familiar administrative discretion and judgment margin are not fully applicable to the field of administrative planning law, so administrative law describes the "freedom of planning formation" of administrative organs with planning discretion. Planning discretion is still a strange concept, and there is little research on it in academic circles, such as its unique personality, constitutional boundaries, normative restrictions, and measurement principles as its core regulation.
4. Comparatively speaking, there are few studies on administrative mediation and judicial review, especially on judicial review mechanism. This includes two aspects: first, the possibility of judicial review, that is, whether it can be reviewed; The second is the scope of judicial review, that is, which can be reviewed; The third is the intensity of judicial review, that is, to what extent it can be reviewed. The boundary between administrative power and judicial power is an ancient topic. Compared with other administrative actions, administrative planning has more unique contents when faced with this problem, such as whether abstract administrative planning can be reviewed and to what extent planning discretion should be reviewed. It is necessary to clarify it theoretically.