The Study On Logic Of The Establishment Of Statutory Regulatory Planning

With the pace of reform and opening-up, the regulatory planning in China has developed since 80s 20th century until nowadays. Recalling the development course of regulatory planning, in the process which is from a planned economy to a market economy in China, the regulatory planning has become one of the indispensable management tools to manage and control the urban development for the government from an initial convenient way of urban construction management. Meanwhile, in the last few years, with the introduction of a new version of "Urban Planning Approach", "The People's Republic of China Town and Country Planning Act" and other national laws, the legal status of the regulatory planning has a more significant increase. We can see that in the management and control of urban development, the regulatory planning, especially the legislation of regulatory planning plays an invaluable important role.However, with the full recognition of the important historical role for the urban development in China that the statutory regulatory planning plays,we should also clearly understand that the current regulatory planning, particularly the statutory contents of regulatory planning have not shown the adaptability in the process of its establishment, when it is on the face of the kinds of complex problems. The author believes that the problems which appeared in the process of regulatory planning's establishment were due to the compilers'more experience or subjective judgments to be determined in the process of its establishment, particularly in the process of statutory contents'establishment, but they failed to recognize the fundamental basis for the legislation and establishment of regulatory planning, not to fully meet the actual requirements in the urban development. Therefore, in this paper, from view of the characteristics of urban development and the characteristics of investment in the urban construction, the author believes that the urban development has many characteristics such as externalities, Continuity and irreversibility. Once the target has been established, the development would continue to carry out, and the contents which are closely related to the development should implement. That is necessary to use the form " statutory planning " to guarantee the action. and the contents should be the statutory contents. This is the inherent correlation between the establishment of regulatory planning and the characteristics and requirements of urban development and that is the logic of the legislation and establishment of regulatory planning. The reason for the legislation and establishment of regulatory planning is the characteristics and requirements of urban development. By studying on logic of the establishment of statutory regulatory planning, the paper will elaborate that why legislate the regulatory planning and what is the fundamental basis for the establishment of statutory regulatory planning in the urban development; and it will make recommendations for the legislation and establishment of regulatory planning based as the logic of the establishment of statutory regulatory planning to overcome the compilers'subjectivity at the maximumto guide a more rational establishment and use of regulatory planning, to meet the requirements of urban development.The paper mainly consists of four parts. The first part is the basic analysis section divided into two levels. First, the basic background research section discusses current research of regulatory planning in today's context of rapid urban development, and identifies the objectives, significance and specific content of logic of the legislation and establishment of regulatory planning; the second level is the study on the course of development. By the recalling of historical and development of regulatory planning, from the view of planning legislation and establishment, the paper pointed that the root cause of the incompatibility between statutory regulatory planning and urban development is that the compilers do not clearly regulate the necessary connection between planning legislation and urban development,and they are lack of awareness of logic of the legislation and establishment of regulatory planning. The second part is the issue analysis section which analyze the problems faced by this article. By discussing the characteristics of urban development and the characteristics of investment in the urban construction,the article points that the contradiction between the uncertainty of urban development and the certainty of unban development investment determines the planning legislation to resolve this problem, and reveals the inherent requirements that make regulatory planning become a "law". At the same time, it explains the logic of establishment of zoning written by Professor Hopkins. The third part is the core conclusion part which presentes the core conclusions. By refering logic of establishment of zoning, the paper describs the logic of establishment of the regulatory planning as a statutory planning, the relationship between upper planning and it and the appropriate legal form, and proposes the establishment of statutory regulatory planning is based on the characteristics and requirements of urban development, which is the intrinsic link between the two aspects, to determine the logic of establishment of statutory regulatory planning. This logic reflects the the logic of statutory regulatory planning as a "law" and the evitable link between urban development and it. The fourth part is the proposal component. Based on the logic of statutory regulatory planning and combined with the advanced experience and the practical program, the article will make recommendations in the aspects of legislation, contents and process of statutory regulatory planning.