In accordance with "Urban Planning Terminology Standard" in China, urban planning refers to “the integrated deployment, specific arrangement and implementation management of socioeconomic development, land utilization, spatial layout as well as all constructions in the city within a certain period”. The process of formulating and implementing the urban planning of the government is closely geared to the civil rights. It is of both theoretical and practical significance to conduct a systematic study on the legal nature and the civil rights protection of urban planning. Only paying more attention to the civil rights protection of urban planning can we supervise and restrict the government power more effectively as well as the goal of better service to the public of urban planning be achieved. This thesis analyzes the issue of civil rights protection in urban planning from four aspects. By combing the purposes, subjects and contents, the general theory of urban planning is summarized in the first part of the thesis. In part two, the author discusses the legal character of urban planning in China referring to theory and practice opinions relating to the legal character of urban planning from abroad, Hong Kong, Macao and Taiwan Region, From my point of view, the legal character of urban planning in mainland China is compounded so that the urban planning is a complex administrative act. The legal nature of urban planning in different stages which are specific administrative act and abstract administrative act respectively are dissected in process sequence of compilation and implementation of urban planning. Public participation is the essential requirements of urban planning; meanwhile, it is an effective approach to protect the civic rights. Consequently, the public participation in urban planning from three perspectives that are value, system status quo along with guarantee is deciphered in the third part of the thesis. For the sake of guaranteeing effective public participation, planning administrative organs should establish a sense of service, democracy and disclosure. At the same time, in addition to the corresponding public participation incentive mechanism should be established, government affair opening combining with new technology such as Internet, along with new forms should be carried out. Furthermore, further improvement of relief approach to the public participation as well as establishment of communication platform for public participation which are well-functioning organized mechanisms including communal organizations such as community organization and Town Planning Board are also the guarantee of effective public participation. Combining with the analysis of the legal nature of urban planning above, in part four, the author clarifies the means of relief consisted of administrative review, administrative appeal, administrative compensation and administrative recuperation that can be used by citizens in each stage of urban planning process. Moreover, the suability of each stage in urban planning process is explored at the end of the thesis. Based on that, when citizens can litigate to ensure their right of obtaining relief can be realized is also analyzed. The urban planning focuses on the safeguard of citizens’ overall interests and long-term interests as well as the achievement of social equity. As the master of the city, the public oughts to be involved in the urban planning. When the infringement of urban planning act has arisen, the citizens can make full use of administrative and judicial relief means to obtain relief of their rights. To this end, we should protect the right to seek relief of the citizens effectively by exploring new mechanism actively, further implementing the public participation and coordinating the interests of all parties in urban planning, in order to strengthen social supervision, prevent administrative corruption and gain widespread understanding and support of the urban planning so that the public interests could be maximized. Key words: Urban Planning, the Legal Nature, Public Participation, Civil Rights Relief

根據我國《城市規劃術語標準》，城市規指“對一定時期内城市的經濟和社會發展、土地利用、空間佈局以及各項建設的綜合部署、具體安排和實施管理”。政府制定、實施城市规劃的過程與公民權利息息相關，對城市规劃法律性質及公民權利保障的研究，兼具理論及現實意義。唯有重視城市规劃中的公民權利保障，方能更有力地監督與制約政府權力，實現城市规劃更好地為公眾服務。 本文從四個方面對城市規劃中的公民權利保障問题進行分析。文章第一部分通過對城市規劃目的、主體、内容的梳理，總結城市规劃的一般理論。第二部分參考國外及我國港澳臺地區關於城市規劃法律性質的理論及實務見解，探討城市規劃在我國的法律性質。筆者認為我國内地城市規劃的法律性質具有複合性，城市規劃是一项復合行政行為，以城市规劃编制實施進程為序，文章剖析了城市规劃不同階段所分別具有的具體行政行為或抽象行政行為的法律性質。公眾参與是城市規劃的本質要求，也是保障城市规劃中公民權利的有效途径，本文第三部分從價值、制度現状、保障三個角度對城市规劃中的公眾参與進行解讀。要保障公眾的有效参與，需要規劃行政機關樹立服務、民主與公開意識，確立相應的公眾参與保障激勵機制，結合網絡等新技術新形式落實政務公開，進一步完善城市規劃公眾参與救濟途徑，建立社區組織等公眾組織及城市規劃委员會等運行良好的组織化機制作為公眾参與的溝通平臺。文章第四部分結合前文關於城市規劃法律性質之分析，對城市规劃各階段中公民可以獲得救濟的行政復議、行政申訴、行政賠償、行政補償途徑進行釐清，並在文章的最後探究了城市规劃各階段的可訴性，對公民何時可運用行政訴訟手段實現自身權利救濟进行分析。 城市規劃關注的是市民整體利益與長遠利益的维護，著眼於實現社會公平。公眾作為城市的主人，理應参與到城市规劃中；當城市规劃行為的侵害形成時，公民可以充分運用行政與司法救濟手段來獲得權利救濟。為此，應積極探索新機制，進一步落實城市规劃中的公眾参與，協調各方利益，切實保障公民在城市规劃中尋求救濟的權利得以行使，以此加強社會監督，預防行政腐败，使城市规劃得到廣泛的理解與支持，公眾利益獲得最大化。 關鍵字：城市规劃，法律性質，公眾参舆，公民權利救濟