The Perfection Of My Country's Territorial And Spatial Planning Legislation

Constructing a spatial planning system is one of the important paths for the reform of the ecological civilization system,and is also a reflection of the modernization of the national governance system and governance capabilities.At present,the legal system of spatial planning is fragmented.In order to have laws to follow for territorial and spatial planning,and for the reform of the territorial and spatial planning system,the 13 th National People’s Congress legislated "spatial planning legislation" as the third category of legislative items.In2019,the Ministry of Natural Resources clearly stated in its legislative plan that it must actively cooperate to promote the legislative work of the Spatial Planning Law.Through analysis,it can be seen that the current spatial planning laws in our country are scattered and fragmented,and it is difficult to coordinate within the framework of the existing legal system.There is an urgent need for unified legislation on spatial planning.This article first clarifies the concept of spatial planning.Secondly,on the basis of analyzing the status quo of spatial planning legislation,further analyzes its existing problems and reasons,and proposes to formulate a separate "Law of Spatial Planning" as the top-level design of spatial planning.Specifically,this article is divided into four parts.The first part is mainly to define the concept of spatial planning,and clarify the relationship between spatial planning and development planning.It is clear that the purpose of spatial planning is to achieve orderly development of space and orderly utilization of resources.The Spatial Planning Law is the general term for adjusting the various social relations that occur in the formulation,approval,implementation,supervision,and inspection of land and space planning.The second part is the combing of the status quo of spatial planning legislation.The general areas are mainly classified in the order of laws,administrative regulations,departmental regulations and local regulations from two aspects of specialized legislation and incidental legislation;pilot areas mainly organize the status quo of legislation in terms of legislative path and legislative content.The third part is to further analyze the current legislation on the basis of the basic concept and the current legislative situation.The current legislation is divided into legislative dispersal,legislative blanks and overlapping contradictions,legislative value orientation imbalance,relative contradiction or lack of some norms,which leads to and the problems arise.The reason for the legislative orientation of the department and the basic idea of legislation.The fourth part is mainly based on the aforementioned research,the author’s thinking on the legislation of spatial planning.Firstly,it analyzes the necessity,feasibility,value and logic of spatial planning legislation from the macro perspective;secondly,the basic principles of spatial planning law are determined from the meso level;finally,it is completed from the micro level based on the legislative value and logic.The framework of the core content of preparation,approval,modification,implementation,supervision,etc.,was then demonstrated,and the path to the realization of the "Law of Spatial Planning" was demonstrated.