| The regional development strategy of our country has gone through the evolution of regional balanced development strategy, non-balanced regional development strategy, regional non-balanced development coordinated strategy and regional coordinated development strategy. Overall regional coordinated development strategy is the latest strategy of China’s regional development in the new phase.The main function region strategy is put forward in order to adapt to the characteristics of the current land space and development in China. Scientific planning, scientific policy making, implementation of scientific management for main functional areas is not only a response to the Scientific Outlook on Development in regional development, also to coordinate regional development strategy in the space of the implementation. As the top-level design of regional development of our country, the main functional area planning position is:national spatial development plan of strategic, fundamental and binding.The main functional area planning needs the powerful guarantee of related system. We must carry on the policy guidance, legal protection, Implementation of measures in the aspects of system and enhance the system supply, establish and improve the planning implementation mechanism. Also, we must strengthen the supervision and inspection of the implementation of the planning to ensure the main functional area planning put into practice. However, the system supply shortage in our country, the main functional area planning needs to be under the rule of law. However, the successful experience of the western regional planning and regional management, has a strong demonstration effect, on the main functional area planning practice, among them, strengthen legal system construction is a common experience of regional planning and management.The law, therefore, especially the economic law should respond to the main functional area planning, At the same time, the soft law theory and "soft law in economic" can be used as an important theoretical tool for the research on main functional area planning practice, the research in this respect will in turn further promote development of soft law theory and the theory of economic law.On the legal attribute of the main functional area planning, first of all, public policy is the main essence of the function area planning. It has no legal form, but has the accountability. The main functional area planning will "have the force of law"; therefore, as a public policy, the main functional area planning belongs to the soft law category. As soft law, the main functional area planning has the following four characteristics:elasticity in initiative way and the institutional arrangements, higher degree of consultative democracy in creation and implementation; The non national mandatory in implementation; non judicial centrism in Legal Realization. Secondly, the main functional area planning and economic law have highly fit, its adjustment object is a refinement of the regulated objects of economic law, its value target and core category and the idea of economic law is highly fit, its practice is one of the practice in overcoming two kinds of ineffectiveness of double troubles, and economic law begins with overcoming the "market failure" and the "government failure". A further point of view, the main functional area planning itself can be said to be a Chinese characteristics of the macro-control law, its formulation and implementation is a new practice, that is, China’s economic law took to the road of the new public management practice.In the terms of soft law mechanism of the main functional area planning, due to the lack of traditional hard law at present in our country, the system mechanism of soft law will be pushed to system frontier, soft law mechanism has become an important system design which solves the hard problems of the main functional area planning. It can be said; that the rule of soft law conforms to the requirements of the main functional areas planning. It contributes the implementation of the different regional management. Soft law mechanism not only can be a necessary supplement to the mechanism of hard law, in some institutional arrangements can be independent. Four soft law mechanisms constitute the system of soft law mechanism system:the formation mechanism of planning index as the foundation, the democratic consultation mechanism as a guarantee, the benefit compensation mechanism as the balance, and the performance evaluation mechanism as a motive power. On the protection of hard law of the main functional area planning, its necessity from the defect of the soft law mechanism, dependence on hard law in foreign space planning and regional management and the lack of hard law guarantee in China. Combined with the reality of our country, a comparatively complete system of legal norms and foundation can be constructed from the constitution, the basic law and special law protection.Because of soft law mechanism and the mechanism of hard law simply can not meet the need of main functional area planning legal system, and the practice demand from the perspective of public governance and the practice theory demand from the perspective of institutional change, we can use the mixed theory of soft and hard law (theory of hybridity) to construct the main functional area planning hybrid governance mode the concrete system construction mode:mode one is to lay the foundation of soft law, hard law dynamic follow-up; mode two is soft and hard law simultaneously take effect, each do its job. The latter is the main expression of hybrid governance mode for the main functional area planning.To ultimately achieve the goal of the main functional area planning under the rule of law, firstly, we should clearly define roles of the government, limit and control government power abuse and expansion through the division of labor and cooperation of hard and soft law. Secondly, combined with the advantages and disadvantages of Chinese current political system and soft and hard law, we can supervise the implementation of the main functional area planning through taking forms of the combination of inside and outside of the system. Again, if the main functional area planning legislation and execution subject especially the government acts beyond the boundary, irregular and even illegal act or not act, we must start the mechanism of legal liability, legal liability form is divided into positive and negative. Finally, if the interests of citizens have been damaged by the government behavior, corresponding to soft and hard law, we can carry on the legal relief through the" dual structure"(Non litigation procedures and Procedures) afterwards. |
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