| China’s regional development thinking existed for a long time, experienced strategic evolution including the three-line construction, coastal open, four plates and the main functional areas.The non-balanced development strategy shifted to balanced development strategy. regional economic development has made great achievements, but also accumulated some contradictions and problems. Among them, the most prominent problem is the space development disorder, the low efficiency of the space allocation of resources and elements, the high environmental cost, the uneven public service. Space management fragmentation because of highly fragmented administrative unit led to the cross-regional public issues. The regional coordination problems have become increasingly prominent.Regional planning is an overall disposition for the implement of development and construction target in the given area.Regional planning is an important tool to promote regional development and to coordinate regional relations. From our reality, in recent years, the State Council has approved and released dozens of regional planning or guidance opinions, effectively promoting construction of regional coordination development and harmonious society. However, our country’s regional planning lack of regulation of basic law,and also lack of the guidance of a single law.The idea level of the rule of law for the regional planning.The role of the government and the market is not clarified. The two-way interactive legal guide mechanism and legal promotion mechanism of rational division between government and market has not been established really.Construction of the substantive law of the regional planning.The configuration of regional planning rights are not scientific.Regional planning has become the tool for local government to seek resources to the central government. The scope of application of the regional planning is not clear. The effectiveness requirements are not clear. The legal liability is not clear. The conflict and convergence between regional planning and land-use planning, urban planning and all above problems should be solved urgently.The procedural law of the regional planning.The procedures of formulation,change, approval and announcement of regional planning need to be clear. The problem of low public participation need to be solved. All kinds of planning permission subject in a certain area is not clear. Monitoring and evaluation mechanisms need to be established.The implementation and safeguards of regional planning.Regional planning authority needs to be strengthened. The effectiveness needs to be enhanced.Its authority, stability must be guaranteed relying on legislation.The implementation of regional planning need the management by the specialized agencies.As to the policy of implementation and safeguard,the law system of space,environment,finance and other aspects must be matched with regional development goals.From the perspective of economic law, the main entry point of regional planning study is how to deal with the relationship between the government and the market. The regional planning goals, content, methods and means of implementation formed under the planned economic system has been unable to meet the current needs of regional development and the requirements of administrative decentralization in the market environment and the realistic scenarios of interest conflict.In the face of preparation and implementation of regional planning, we will study and solve these problems:what regulation does regional planning need to guide?How to configure the right to regional planning?What procedures does regional planning formulation need to ensure Standardized operation of the regional planning rights? What law system safeguard does the implementation of regional planning need?Regional planning has boundary. The boundary should be limited to the scope of the functions of the government. On the relationship between government and the market, both defect, both play a role.The present prosperity of regional planning, the government being keen on regional planning in fact is the worship of the Plan, which shows characteristics of strong intervention by the Government. The functions of the government is the logical starting point for regional planning content. As limited government, the key elements of the regional planning regional public goods supply to solve the problem of externalities,mainly including infrastructure, ecological and environmental protection and so on.For the different levels of planning, content differ, due to the different powers. As for Different types of regional planning,issues set should take open mode widely absorbing the views and suggestions of the public and ultimately determine specific theme of the specific area, specific regional planning.As a non-statutory planning, the regional planning needs an integral set of legal system guarantee. Legal status and their effectiveness of interprovincial regional planning and regional policy should be made clear in the legislation law.Organization Act defined the scope of authority of the central and local authorities and their mutual relations.In the level of the Planning Act, the form of the General Principles provides the relationship between the regional planning, national economic development planning, land resource planning, urban and rural Development and Planning, and determine the coordination mechanism when conflicts occur between the planning. As for regional planning law,this single law should provide for regional planning to determine the rules of the formulation process, specific area, regional planning announced the implementation of changes to the program, the effectiveness of the regional planning law and mechanism for promoting regional development and construction liability. In the technical specification, Regional planning should develop a variety of setting mandatory targets, technical procedures, technical specifications.In order to seek the balance of interests of the various administrative units regional planning must have a set of rules or procedures. This set of procedures is not a technical program of regional planning preparation but the law proceedings.On the establishment body,the government is the dominant. The establishment body, the main-making body, the implementation body and the supervisors body must distinguish. At the same time, The right to application and supervision of citizens and private organizations should be warranted. Arbitrary should be overcome in the process of preparation, publication, adjustment to ensure the coordination of national interests and local interests, the management agency set of the regional planning should ensure discussion democracy between the national and local, local and local.In a particular region, superposition of the regional planning with other planning issues must be resolved.From the samples collected, the form,target,space object, specific content, assurance measures of the regional planning is diversity and comprehensiveness. Cross contradiction, convergence and coordination with the three planning system is an important issue.Only improving regional planning "level" can not meet the real requirement of planning implementation. in the system,convergence coordinated and integrated management of the planning should be strengthened to reduce planning number and strictly define the range of all types of plans. Regional planning formulation should be based the National main functional area planning and combine with the overall land use planning.In terms of technology,strengthening the management of technological achievements to make up for the lack of institutional level by the innovation of technology ways.Implementation of regional planning is not only in the institutional framework for the implementation by "consensus-building, collaborative development" manner. The one hand, under the current system, strengthening the protection of policy can pave the way for the implementation of regional planning. On the other hand, outside the system, explore regional cooperation in the legal system, promote the prescriptive regional planning, through consultation and cooperation. |
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