Research On The Law Of Landscape Space Planning

Territorial space planning is the "planning" of "territorial space",which includes all the planning of various resource elements in the territorial space.In the context of comprehensively governing the country by law,with the establishment of the territorial and spatial planning system,the matching territorial and spatial planning law is an important guarantee and support for the effective implementation of territorial and spatial planning.In order to promote the construction and improvement of the Land and Spatial Planning Law,the national level has continuously promoted the unified legislation of Land and Spatial Planning,and by revising relevant legal norms,the current Land and Spatial Planning Law has been linked with the new Land and Spatial Planning System,but this is obviously still far from the norm.not enough.On the one hand,the unified legislation on land and space planning cannot legalize the unlawful spatial planning,and with the help of this legislation,the conflicts and contradictions existing between the existing laws and regulations on land and space planning can be automatically resolved;The logical revision of the law does not have a substantial impact on the construction and improvement of the land and space planning law,and the problems existing in the legal norms of land and space planning cannot be effectively responded to.To this end,it is necessary to sort out and inspect the current land and space planning law,and conduct a comprehensive inspection of the existing problems in accordance with a certain theoretical approach,and propose solutions to avoid too one-sidedness in the construction and improvement of the land and space planning law.and simplification.The first part is the introduction.First of all,the awareness of the problem of carrying out the research on land and space planning law is put forward,that is,how to unify the legislation on land and space planning,how to make the land and space planning law and the new land and space planning system to connect the a priori thinking or formal perfection,what is overlooked? It is the logical starting point of the land and space planning law and the predicament of the land and space planning law,and it is difficult to construct and improve the land and space planning law scientifically and comprehensively.Secondly,around the research theme,the relevant research is preliminarily sorted out according to the different levels and scope of the research objects: first,the study of spatial planning laws and their legal systems,focusing on urban and rural planning,overall land use planning and main functional area planning;second It is a study of territorial space planning and its unified legislation,mainly involving the understanding of territorial space planning,unified legislation of territorial space planning,and the system of territorial space planning.The nature,regulation and relief of administrative planning.Finally,the theoretical and practical significance of the research is expounded,the methods and possible innovations of the research are pointed out,and the research ideas and main viewpoints are summarized.The second part is the principle explanation of the land and space planning law.It clarifies the connotation of territorial and spatial planning in the context of policy,and points out that territorial spatial planning is an open planning system that includes various types of spatial planning,and the territorial and spatial planning law regulates the exercise of planning rights for various resource elements in a certain territorial space.A collection of all laws and regulations,involving the preparation,approval,modification and supervision of territorial and spatial planning,including laws,administrative regulations,local regulations and rules,but excluding intra-Party regulations and normative documents.At the same time,technical standards for territorial and spatial planning do not belong to the scope of the territorial and spatial planning law,which should be clarified.Legislation in the field of territorial and spatial planning technology,generally referred to as technical specifications,should be included in the scope of the territorial and spatial planning law.Due to the complexity and size of the law of land and space planning,the method of collecting and sorting out legal texts is particularly critical.By analyzing the current planning text combing method,it can be found that there are different degrees of defects.For this reason,a progressive inspection method under the big data retrieval method is proposed,and the land space planning method is combed according to this method.Considering the large volume of local regulations and local government regulations,and most of them are refinements of higher-level laws,it is impractical to conduct comprehensive textual research on them.Therefore,it is mainly to sort out laws,administrative regulations and departmental rules.The third part is the jurisprudence and logic of the land and space planning law.The establishment of a new territorial and spatial planning system is bound to face new goals,tasks and historical missions.It requires simultaneous changes to the current territorial and spatial planning law.At the same time,under the background and environment of the new era,there are new development concepts and institutional concepts.,planning concepts,will have an impact on the theoretical foundation of the land and space planning law,so it is very important to clarify the legal logic of the land and space planning law,which is the basis for guiding how to build and improve the land and space planning law.Specifically,it mainly includes three aspects: First,the land and space planning law should take space justice as its value purpose,and attach importance to the realization of space justice in the process of resource allocation.The value of space justice in the legal context can be interpreted as Safeguarding public space rights and balancing different space interests.The second is that the territorial space planning law should take the system as a whole as the internal mechanism,which comes from the systematicness and integrity required by territorial space and territorial space planning.The third is that the territorial space planning law should take governance modernization as its internal goal.To improve the modernization level of territorial space planning,it is an inevitable choice to take the road of rule of law.The fourth part is the evolution trend of land and space planning law.The construction and improvement of the Land and Spatial Planning Law is a process of gradually moving towards legal modernization.However,there is no fixed standard for modernization,so the evolution trend of the land and space planning law should be extracted from the relevant national land and space planning policy documents in my country on the one hand,and the development of foreign land and space planning law must be examined on the other hand..Following this line of thinking,the evolution trend of the Land and Spatial Planning Law can be explained as follows: First,the systematization of the Land and Spatial Planning Law comes from the establishment of a legal and policy system required by the Opinions.The second is the ecologicalization of the territorial and spatial planning law.The reform of the territorial and spatial planning system is proposed in the context of the reform of the ecological civilization system,and the internal logic of ecological civilization construction should be followed,and ecologicalization is the basic requirement of ecological civilization construction.The third is the humanism of the Land and Spatial Planning Law.Humanism is not only a requirement of governance modernization,but also a need to realize the people’s yearning for a better life.The foreign land and space planning law also presents a systematic,ecological and human-oriented development pattern.The fifth part is the practical dilemma of the law of land and space planning.According to the legal logic and evolution trend of the land and space planning law,and based on the reality of the land and space planning law,from the static and dynamic perspectives,and the logic of the separation of public and private rights,the practical dilemma of the land and space planning law is analyzed.Deconstruction is mainly reflected in the following three aspects: First,the imperfection of the legal system of land and space planning.According to the general standards of the legal system,there are mainly confusion and unreasonable legal structures,conflicts and inconsistencies in normative content,and lag in value goals.and non-uniformity issues.Second,the organization and management of territorial and spatial planning is unreasonable.The current territorial and spatial planning law stipulates different levels of planning preparation,approval and modification.However,there are excessive administrative and complex relations in planning preparation,and inefficiency and standards for planning approval.Problems such as lack,randomness of planning changes and the imbalance of rigidity and flexibility.The third is the insufficient protection of private interests in land and space planning,which is manifested in three aspects: insufficient protection of the right to know in planning,lack of effective public participation,and lack of a complete relief system.The sixth part is the legislative suggestion of the national land and space planning law.In response to the practical dilemma analyzed above,there are three suggestions:First,promote the unified legislation of national land and space planning.It is demonstrated that the systematization of the land and space planning law is the basis for guaranteeing the implementation of the land and space planning,and the unified legislation of the land and space planning is the key to the systematization.The unified legislation of territorial and spatial planning has the functions of improving the legislative structure,strengthening the overall planning of legislation,and promoting the convergence of legislation,and can achieve the systematization of principles and rules to a large extent.Due to certain limitations,the post-legislative assessment and clean-up of the National Land and Spatial Planning Law should be strengthened at the same time,and the legislative construction of relevant plans should be promoted.Regarding the approach to the unified legislation of national land and space planning,although both theory and local practice have responded,there is still no conclusion.Considering the gradual nature of establishing the territorial and spatial planning system and the practical rationality of China’s legal system construction,it is suggested to adopt the legislative approach of local trial and implementation.The unified legislation of land and space planning should focus on grasping three main points of legislation,one is to fill the existing gaps in legislation,the other is the goal principle of unified planning,and the third is to clarify the relationship between the plans.Second,optimize the organization and management of territorial and spatial planning.First,the formulation of territorial and spatial planning should be de-administered,and the relationship between different entities should be clarified,and a coordination mechanism for the preparation of various plans should be established.status.Second,the approval of land and space planning should achieve decentralization,reduce the external authorization of planning approval,and refine different planning approval standards.The third is to strengthen the physical regulation of planning changes in terms of land and space planning changes,clarify the responsibility for illegal planning changes,and promote the combination of rigidity and flexibility in the change procedures to reconcile the tension between planning stability and urban development needs.Third,strengthen the protection of private interests in land and space planning.It should be solved from the following three aspects: First,strengthen the protection of the right to know about planning,clarify the disclosure of the whole process of planning,increase the method of planning disclosure,and limit the content that is exempt from disclosure;second,promote the effectiveness of public participation and clarify the main body of public participation.,increase the methods and ways of public participation,and establish a feedback mechanism for public participation;the third is to improve the design of the relief system,mainly including the loss compensation system,the administrative reconsideration system and the judicial relief system.The seventh part is the conclusion.The overall description and systematic summary of the basic ideas and main viewpoints of the research,the starting point of the research is: what is the national land and space planning law.There are two main research foundations: one is the jurisprudence and logic of the territorial spatial planning law,and the other is the evolution trend of the territorial spatial planning law..The end point of the research is: what are the dilemmas of the law of land and space planning and how to solve them.The main points of view are as follows: first,abstract the legal logic and evolution trend of the land and space planning law,and provide theoretical support for the improvement of the land and space planning law;Limitations,we should strengthen the post-legislative evaluation and clean-up of the national land and space planning law and the legalization of relevant plans.Third,in addition to clarifying the unified legislation of national land and space planning,we should also optimize the organization and management of planning preparation,approval and change,and strengthen the private interests in planning.To ensure the comprehensive construction and improvement of the national land and space planning law.