PROBLEMS AND COUNTERMEASURES IN THE IMPLEMENTATION OF THE ARTICLE 64 OF THE URBAN-RURAL PLANNING LAW: A READING OF “GUIDANCE FOR STANDARDIZING ADMINISTRATIVE PENALTY DISCRETION IN URBAN AND RURAL PLANNING”

This paper discusses the content of Article 64 of the Urban-Rural Planning Law by reading the file Guidance for Standardizing Administrative Penalty Discretion in Urban and Rural Planning. This paper distinguishes two kinds of situations between barely and impossibly and their processes; it puts forward different understanding on the existing views of some scholars and practitioners, and attaches great importance to correction, demolition and other measures in eliminating the influence on plan implementation. The paper suggests that demolition should be the first priority when correction is impossible, and penalty in this case should be an auxiliary administrative tool; post-registration should be strictly limited.