| Since the reform and opening up,the development of urban and rural construction in China has entered a rapid stage,and the gap between urban and rural areas has gradually widened.In order to reshape the relationship between urban and rural areas and promote the integrated development of urban and rural areas,the 19 th National Congress put forward the "rural revitalization strategy".Rural revitalization is preceded by planning.Through scientific planning of social,economic and cultural development as well as infrastructure construction in rural areas,the foundation is laid for the realization of rural revitalization.Scientific and reasonable rural planning needs to be based on local reality and coordinate with other plans,which requires corresponding rural planning legislation to provide direction and regulation for rural planning activities.The newly revised "Legislative Law" established the legislative power in urban and rural planning for the municipalities,since then the municipal people’s congresses and standing committees have become the lowest level of state power organs enjoying legislative power in rural planning.By the municipal people’s congresses and standing committees for rural planning legislation,to highlight the local characteristics,to enhance the operability of the legislative content,but also to follow the principles of the higher law and the spirit of legislation,to ensure the unity of legislation.After searching,among the 322 municipalities in China,a total of 17municipalities(including autonomous prefectures)have enacted special rural planning regulations(including drafts)by the people’s congresses and their standing committees.Through statistics and analysis,the content of existing rural planning legislation can be divided into five parts: general provisions,planning preparation,planning implementation,supervision and inspection,and legal responsibility,which mainly stipulate the purpose,scope,principles and funding sources of planning preparation,the content,approval and amendment procedures of planning preparation,planning permission,verification and temporary construction procedures,administrative,legislative and public supervision mechanisms of rural planning,governmental investigation and punishment of illegal and The legal responsibility of villagers for illegal construction,etc.The content is complete,with the basic elements of local regulations.However,looking at the 17 rural planning regulations,there are still problems such as the lack of innovative legislative content,insufficient connection with the spatial planning of the country,rough provisions for investigation and punishment of illegal construction and incomplete provisions for supervision and inspection,which weaken the effectiveness of rural planning legislation and are not conducive to the sustainable development of the countryside in the future.In addition,the lack of a planning assessment system may not provide a basis for the improvement of rural planning,which is not conducive to the improvement of later planning implementation.In response to the above problems,we should change the concept of legislation,expand the content of legislation to improve the innovation of legislation,prepare practical rural planning with "multiple regulations" to promote the connection between rural planning and territorial spatial planning,establish the administrative enforcement mechanism of rural planning to promote the universal implementation and compliance of rural planning,and strengthen the supervision mechanism of rural planning to In addition,a rural planning evaluation mechanism should be established to improve the scientific nature of rural planning and to provide directions for improving the implementation of rural planning.Through the above measures,we will improve the rationality and effectiveness of rural planning legislation and strengthen the scientific and beneficial guidance of rural planning regulations for the implementation of the "rural revitalization strategy". |