Urban Governance in China: The Institutional Framework for Public Participation in Urban Planning

1
Urban Governance in China The Institutional
Framework for Public Participation in Urban
Planning
Sino-UK Collaborative Workshop on Community
engagement and governance structures for urban
development and regeneration, UCL

• Zhilin Liu, Ph.D
• School of Public Policy and Management, Tsinghua
  University, Beijing, China

zhilinliu_at_tsinghua.edu.cn 01-02 June, 2009
2
Structure of Presentation

• Governance Challenges in Urban China
• Governance Structure in Urban China and its
  Institutional Foundation
• Implications for Public Participation in Chinese
  Urban Planning

3
1. Governance Challenges in China

• Massive Urbanization and Industrialization
• Institutional Transformation
• Globalization
• Decentralization
• Privatization and Marketization
• Changing Nature of Urban Planning
• Physical Planning ? Public Policy
• Allocation and Intervention ? Regulation and
  Institutional Building
• Diversification of Interests Groups and
  Stakeholders in Urban Planning Process
• ? The Need for Governance

4
Governance and Planning Process A General
Framework
5
Multiple stakeholders in contemporary urban
governance in China
Enterprises
Central Government
Transnational Corporations
Local Government
Media
Institutes / Universities
Legislative Branches
NGOs / Intl Orgs
Judicial Branches
Residents
6
1. Governance Challenges in China

• Decentralization ? Increasing Discretion of Local
  Authority
• Higher Efficiency, Better Services
• Oversight of Local Discretionary Power
• Strengthened Legal Basis for Public Participation
  in Urban Planning Process
• The 2008 Urban and Rural Planning Law
• The 2006 Property Law

7
1. Governance Challenges in China

• 2008 Urban and Rural Planning Law
• Mandatory Rules for Public Participation in Urban
  Planning Process
• Planning Formulation
• Chapter 2, Section 26
• Mandatory Public Notice Procedure
• Expert Consultation Meeting, Public Hearing,
  Public Notice
• Chapter 2, Section 27
• City and Town Master Plan, Urban System Plans
  Mandatory Expert Consultation and Review

8
1. Governance Challenges in China

• 2008 Urban and Rural Planning Law
• Mandatory Rules for Public Participation in Urban
  Planning Process
• Monitoring, Implementation, and Modification of
  Existing Plans
• Chapter 4, Section 46
• Monitoring and evaluation of master plans by
  authorities and experts, reported to local
  peoples congress
• Public Hearing, Public Review Meeting
• Chapter 4, Section 50
• Modification of Detailed Planning Mandatory
  Participation of Interested Parties Necessary
  Compensation

9
2. The Institutional Framework for Urban
Governance

• Questions
• Have these new legal rules been effective in
  promoting public participation in China? To what
  extent? Why?
• The Legal Framework for Urban Governance
• Administrative Structure
• Central-Local Fiscal Relationship

10
2.1 The Legal Framework for Urban Governance in
China

• Roles of Stakeholders in Urban Planning
• 2008 Urban and Rural Planning Law

11
2.2 Administrative Structure of Urban Development
and Planning
Ministry of Housing and Urban and Rural
Development
Provincial Department of Construction
Municipal Authorities of Urban Planning and
Development
County-Level Authorities of Urban Planning and
Development
Increasing Discretion Power of City Governments
under decentralization process
12
Hierarchy (Tiao) vs Parallel (Kuai)
Parallel System
Central Government
Distributed
34 Provincials Government
372 City Government
661 City Government
2865 County Government
?
?
13
An Unitary Governmental system
14
2.2 Administrative Structure of Urban Development
and Planning
15
2.2 Administrative Structure of Urban Development
and Planning

• Municipal Planning Authorities
• Hierarchical Provincial, National
• Parallel Municipal government (local political
  leaders)
• Discretionary Power of Local Government
• E.g. Urban land administration
• Top-down Oversight and Upward Accountability
• Local officials appointed by the upper-level
  government
• Political performance evaluation system of local
  officials
• Dual Control System
• Party control Administrative control

16
2.3 Central-Local Fiscal Relationship

• The 1994 Fiscal Sharing System
• For Local Government, Increased Responsibilities
  without Sufficient Fiscal Capacity

17

Local Political and Fiscal Incentives
18
2.4 Implications Governance Paradox

• Decentralization ? Increasing Discretion of Local
  Authority
• Higher Efficiency, Better Services
• Property Law, Planning Law ? Legal basis for more
  public voices in planning and development
• However
• An Ambiguous Institutional Framework for Public
  Participation in Urban Development and Planning

19
3.1 Incompleteness of the Institutional Framework
for Urban Governance

• Local Fiscal and Political Incentives
• Local interest in growth and property development
• Weak Accountability toward Local Communities
• Appointed local officials by the upper-level
  government
• Overreliance on Administrative Tools in Oversight
  of local government discretion
• Political performance evaluation system of local
  officials

20
3.1 Incompleteness of the Institutional Framework

• Weak Enforceability of the Law
• Specification of Procedural rules for public
  participation
• Weak Oversight of Discretionary Power of Local
  Government
• Upward accountability of appointed local
  officials
• Limited Litigation Mechanisms
• Weakened Power of the Legislative Branch in Urban
  Planning Process
• The Role of Local Peoples Congress

21
3.2 Weakened Voice of the Legislative Branch at
the City Level

• 2008 Urban and Rural Planning Law

22
3.3 Looking into the Future

• Building Institutions for Public Participation in
  Urban Development and Planning
• 1. Increasing the enforceability of law through
  enhancing procedural rules
• Forms, Procedures, Feedback Mechanisms for Public
  Participation
• 2. Enhancing internal monitoring across
  administrative authorities within local executive
  branches
• 3. Enhancing the check-and-balance mechanism
• The role of Local Peoples Congress and Local
  People Political Consultation Meeting in Planning
  Formulation and Implementation
• Judicial Litigation Mechanisms

23
Thank you!