Research On Regulatory Zoning In Detailed Planning In The Territorial Spatial Planning System

After the release of "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Establishing a Territorial Spatial Planning System and Supervising its Implementation" in 2019,the implementation of use control for the whole territorial space has become a basic requirement of the national planning and management system,and detailed planning as a planning implementation tool,in which land use control techniques such as zoning and classification have become key technical methods.Detailed planning under the urban and rural planning system has formed a relatively systematic control method for the development and construction of urban construction land in the context of market economy.However,in the face of the expansion of the scope of territorial spatial planning and the expansion of planning objectives and control contents,the control ideas and technical methods of detailed planning are facing serious challenges.Path dependence and technological innovation are two basic aspects of adaptive changes of detailed planning in the territorial spatial planning system,and technological innovation that responds to institutional demands and meets realistic challenges should become the development direction of detailed planning.Land subdivision based on the overall territorial spatial plan,combined with the real needs and based on the criteria of land classification is the basic feature of detailed planning,and land classification and zoning are the basic methods of planning control.Among them,zoning is a common element of general planning phenomena,reflecting the essential characteristics of planning behavior,and is an important entry point for studying planning ideas and control tools.Drawing on the ideas of planning behavior,linguistics and legal philosophy,this study clarifies the concepts of planning,zoning and control,and examines the experiences and differences of zoning logic,zoning types and control rules in different countries and regions in the context of extensive international practice,so as to provide a framework of understanding and a theoretical basis for the understanding of zoning phenomena in general and zoning practices in different institutional contexts.The purpose of the study is to identify the deep scientific meaning of "zoning behavior" among various institutional forms,to outline the basic logic of zoning behavior,and to explore the technical logic of "regulatory zoning" and "control zoning" in territorial spatial planning on this basis,and to provide a theoretical framework and implementation path for the construction of the rule of law in detailed planning.The research of the paper is divided into four main parts as follows.The first part: Theoretical research and historical review of the phenomenon of "zoning".In the second chapter,the paper analyzes three kinds of planning-related behaviors,distinguishes planning from regulation behavior conceptually,and clarifies that the zoning as a regulation tool is relatively independent.Through the philosophy of language and planning linguistics,the four zoning patterns are distinguished,and it is proposed that the zoning code is the linguistic form of zoning results,and also a combination of zoning entities and zoning rules.The third chapter sorts out the historical context and legal origin of regulatory zoning,and analyzes the power changes of zoning purpose and zoning regulation in the long historical stage.It is concluded that regulatory zoning is a universal technical tool and method.The second part: "Zoning" serves as an international practice case study of the control system.Chapter 4 selects New York,Los Angeles and Brisbane as typical cities of zoning practice.Based on the comparative research of the three zoning systems covering the whole city,it deeply analyzes the internal connection between zoning,planning and law,as well as the zoning type and regulatory dimensions,and seeks the general thought and method of regulation zoning.The technical problems within the zoning can be improved and optimized in a scientific and rational way,which can transcend the institutional differences and become a general consensus.The third part:Basic research on the idea of control and "zoning" as a control tool.Chapter 5 combined with two kinds of public control theory,two legal ideas,discusses the difference of plan-based regulation and rule-based regulation,and analyze the current urban complexity theory of planning influence and challenges,made clear in dealing with the complexity of urban development and unpredictability,rule-based regulation mode has greater potential and adaptability.Regulatory zoning is a scientific tool based on rule regulation.The fourth part: Exploration and application based on the above research results of zoning and control theory.Chapter 6 analyzes the linguistic symbols,behavioral logic and rule system in zoning by constructing a systematic zoning analysis framework and taking the relevant planning standards and planning practices in China as the specific objects of analysis.Chapter 7 provides an in-depth explanation of the dilemma of "rule by law" in the implementation of planning in China,clarifies the importance of establishing regulatory zoning,and establishes a theoretical framework for the deepening of the rule of law in detailed planning.Chapter 8 further analyzes the relationship between regulatory and control zoning in detailed planning from the perspective of the difference between the bottom line and the target,and provides suggestions on the methods and ideas of how to establish the use regulation zoning to implement the bottom line target of national spatial planning.Zoning is a common behavior in planning and planning management,and constitutes a general object of planning science research,which clarifies and explains the purpose of general zoning behavior and its logic of behavior,explains and defines the types of zoning behavior for different behavioral purposes,and thus lays the theoretical foundation for the explanation of specific planning behavior.Based on the "zoning perspective" established by the theoretical research,the analysis of the problems and dilemmas in China’s planning practice is deepened from experience to theory,and the necessity and possibility of establishing use-regulated zoning for detailed planning is thoroughly argued.The "regulatory zoning" is the main direction for the construction of the rule of law in detailed planning of the country.