Research On The Rule Of Law In Territorial Spatial Planning

Planning plays an important leading role in the historical process of the development of socialism with Chinese characteristics.In national governance,the path for the planning system to play its role is to raise the policies of the Communist Party and the state into a legally binding legal system reflecting the will of the nation through legal forms,so as to guide the development of various undertakings.In contrast,people do not pay as much attention to spatial planning as development planning.However,the fact that spatial planning has entered people’s vision and academic research field is not a special invention,but the objective need and natural result based on social relations that need to be adjusted by legal norms.Different from the institutional origin of China’s spatial planning,the origin and development of spatial planning in foreign countries is mainly caused by the injustice of urban space caused by urbanization development,such as the erosion of agricultural production space caused by the expansion of cities from the center to the periphery,and the problems of spatial isolation and separation of work and residence caused by capital oriented development in cities.The reasons for the emergence and development of spatial planning in China are more complex,and the emphasis is different in different stages of development.It is precisely because of its characteristics of stages,reliance and complexity,coupled with the disorder of spatial planning caused by the development under the dual structure and competition,which leads to the waste of resource utilization and the imbalance of regional development.To this end,since the new era,the central government has successively proposed to unify a planning system,and establish a "integration of multi-planning" territorial spatial planning system,so as to continuously optimize the layout of territorial space and promote the modernization of territorial spatial governance.The rule of law in territorial spatial planning is not only an important guarantee for the construction and improvement of the territorial spatial planning system,but also the basic path to realize the modernization of territorial spatial governance.The realization of the rule of law in territorial spatial planning should follow the logical framework of the rule of law.Therefore,on the one hand,it should elaborate the path choice of bringing territorial spatial planning into the track of the rule of law from the theoretical level and based on the social relations adjusted by territorial spatial planning law.On the other hand,it should clarify the dynamic operation mechanism of the formulation,implementation and guarantee of territorial spatial planning from the practical level.Moreover,the rule of law in territorial spatial planning should follow the general logic of "good law and good governance" and the specific logic of the rule of law of policy,and should be reflected in the substantive legalization and procedural legalization.To realize the rule of law in territorial spatial planning,we should uphold basic value goals and reflect certain principles.The value goal of the rule of law in territorial spatial planning is the mapping and expansion of the value of traditional law in specific fields: in terms of justice value,it emphasizes spatial justice and the supply of spatial products;in terms of order value,it emphasizes spatial planning control and spatial rights and interests protection;in terms of efficiency value,it emphasizes both the spatial resource allocation and the stimulation of market vitality;in terms of security value,it emphasizes territorial spatial security and spatial development.The principle of the rule of law in territorial spatial planning is dynamic,running through the legislation,law enforcement,judicial and law-abiding links of territorial spatial planning,as well as the principles in the formulation,implementation and guarantee of territorial spatial planning,including the principle of balance and coordination,the principle of safeguarding public interests,the principle of people-oriented and the principle of sustainable development.The legal relationship of territorial spatial planning includes not only the interaction between power and rights,but also the relationship between rights and responsibilities arising therefrom.The nature of territorial spatial planning right,as well as the territorial spatial planning system and the territorial spatial use management system formed on this basis as the main content,will inevitably cause some restrictions on the exercise of rights by private rights subjects.As the main body of the exercise of public power,how the government can better act on the basis of the decisive role of the market is related to the relationship between the government and the market.Therefore,in the process of the rule of law of territorial spatial planning,the key to how to deal with the relationship between the government and the market is to clarify and reasonably allocate the power of the government and define the boundary of the exercise of government power.As an important tool of macro-control,planning plays an important role in national spatial governance.However,the planning disorder formed over the years makes it difficult to integrate the joint force of planning regulation.Since the new era,from the pilot of "integration of multi-planning" to the top-level design of establishing territorial spatial planning system,the focus of the construction of planning rule of law has been on the coordination of the relationship between planning and the formation of a perfect planning system.This first requires a fundamental clarification of the relationship between development planning and spatial planning,as well as the status of territorial spatial planning in the national planning system.On this basis,clarify the connection relationship between territorial spatial planning and the current effective main functional area planning,overall land use planning,urban and rural planning and other spatial planning,and clarify the relationship between overall planning,detailed planning and special planning in territorial spatial planning system,so as to achieve coordination and organic unity of the planning system.The rule of law in the operation mechanism of territorial spatial planning is mainly reflected in the formulation,supervision and implementation,and insurance of planning.The rule of law of territorial spatial planning formulating mainly includes the program design of planning-making and approval,as well as the planning publicity mechanism and participation system.Among them,in the preparation stage of planning,the "double evaluation" of territorial spatial planning and the delimitation of territorial spatial control boundary should be regarded as an important way to realize the rule of law,which is also the basis for the planning-making and supervision of the whole territorial spatial planning.The rule of law of the supervision and implementation mechanism of territorial spatial planning is mainly realized through the evaluation and modification system of territorial spatial planning,space zoning control,use-control transmission mechanism,territorial space access,license,change and other territorial spatial use control systems,as well as the monitoring and early warning,supervision and inspection and law enforcement supervision system of territorial spatial planning.The operation guarantee system of territorial spatial planning is mainly reflected in the guarantee of laws and regulations such as the constitution and law,special legislation on territorial spatial planning and territorial spatial planning policies,as well as the technical standards and technical specifications for the territorial spatial planning-making,the sharing mechanism of territorial spatial basic information and the application of science and technology.Although the "four beams and eight columns" of the territorial spatial planning system has been basically formed,there is still a large gap with the goal of the rule of law.Reflecting on the path of the rule of law in territorial spatial planning,there are also difficulties in territorial spatial planning legislation,territorial spatial planning formulation,supervision and implementation,technical guarantee and planning participation.To this end,it is necessary to build a "good law" system for the rule of law in territorial spatial planning,coordinate and promote the connection between central and local legislation,basic legislation and special legislation,and adhere to the parallelism of laws,regulations,policies and other social norms.Moreover,it should reshape the concept of "good governance" in the rule of law of territorial spatial planning,improve the spatial governance dimension of national governance,adhere to the concept of people-centered planning rule of law,and lead the pursuit of spatial justice for common prosperity.At the same time,it should improve the rule of law operation mechanism of territorial spatial planning from the aspects of the improvement of the formulation procedure of territorial spatial planning,the optimization of the implementation mechanism of territorial spatial planning,the construction of the responsibility system of territorial spatial planning and the return of the rule of law of territorial spatial planning technology.To sum up,how to realize the rule of law in territorial spatial planning? First of all,it is both a theoretical proposition and a practical proposition.At the theoretical level,the rule of law in territorial spatial planning should follow the framework of "territorial spatial planning-territorial spatial planning law-the rule of law in territorial spatial planning",and bring territorial spatial planning into the track of rule of law.In practice,the rule of law of territorial spatial planning should be reflected in the dynamic operation mechanism of the formulation,implementation and guarantee of territorial spatial planning.Secondly,it is both an abstract proposition and a concrete proposition.At the abstract level,the rule of law of territorial spatial planning should follow the general logic of "good law and good governance".At the specific level,the rule of law of territorial spatial planning should conform to the rule of law logic of planning as a policy.Finally,it is both an substantive proposition and a procedural proposition.The rule of law at the substantive level mainly refers to the rule of law in the text of territorial spatial planning,the allocation of powers of territorial spatial planning,the connection and coordination of territorial spatial planning system,and the rule of law at the procedural level mainly includes the formation and approval procedures of territorial spatial planning,planning implementation procedures,and supervision and accountability procedures.