Study On Legal Lystem Of Land Use Planning

The land issue has become a major socio-economic problems the world remarkable, in order to study and solve the relationship problems of human survival and development of countries in the world attach great importance to land use planning. Land use planning is recognized as optimal allocation of land resources and socio-economic sustainable development means necessary. But a long time, land use planning has been as a social practice and the government's political acts carried out, and the land-use planning system of scientific theories, particularly the legal system of land use planning is scarce, resulted in land use planning process in practice the lack of legal authority. This is one of the main reason, why in recent years, although the establishment of land use planning techniques and tools has made considerable progress, but the implementation effect of planning is generally poor, mostly failed in practice to play its due role in supervise and control.Land use planning systems are ahead of future land-use plans and arrangements to a certain region, are based on regional socio-economic development and natural history characteristics of the land in a reasonable time and space allocation of land resources and land use comprehensive measures for coordinating organizations. From the previous rounds of implementation of land use planning situation, the majority of planning guide lines were broken through. Such as the amount of cultivated land, as of 2004, China had more than 20 provinces of the land holdings already exceeded the 2010 guide lines. At the same time, the role of land use zoning controls were not significant, still a large number of quality basic farmland occupied. Driven by economic interests, the wrong concepts of land use and plannings resulted in land quality and ecological environment has further deteriorated. In general, the implementation of effective land use planning is not high.China's land use planning has exposed many problems. First in the legislation, the legislation left blank, the legal and planning are the lack of sufficient authority in itself. Then, land use planning conflicts and contradictions between legal norms is also very serious. Also, lack of public participation mechanisms, the land planning regulations'understanding and participation of masses is not high. in the planning establishment, lack of idiographic scientific and reasonable procedural provisions, public participation is poor, Reduce the development of rational planning and implementation of future support. Planning officials'free discretionary power was too great. Some plannings are impractical, lack of predictability in the preparation of plans. The current planning ignores the imbalance of regional development, inter-regional co-ordination is not enough. In the planning idiographic implementation, land use planning's legal authority and effect is obviously insufficient, stability is poor, in the process of implementation, the phenomenon of random change is serious. Implementation of planning lack of procedural safeguards, there is no comprehensive monitoring mechanisms and evaluation systems, the illegal cases is not enough punishment. No rigid planning responsibility system is formed. The land use planning and the urban planning serious conflict, the coordination between plannings is insufficient. The implementation of planning did not provide the plantation effective protection, the rural planning lagged behind distinctly.Based on the land planning situation and existing problems, try to make perfect our current land use planning system, the legal system of the proposed. First, build a sound legal system for land use planning system. Clear land use planning in China's basic principle of the rule of law, the establishment of "Town and Country Planning Act," as the core of land use planning legal system. Vertical system is composed of different grade legal regulation documents of land use planning by corresponding level states with legislative power. Lateral system, in accordance with the close degree of land use planning is divided into the basic law (main law), matching laws (assisted laws) and related laws. Second, improve the legal system of land use planning process. To allocation of more scientific and reasonable planning authority, repeatedly clear the legal control of the whole process of land use planning prepared, for process control monitoring part, to strengthen supervision and strict liability. Finally, the public participation system, the environmental impact assessment system of land use planning, the evaluation system of the planning implementation and a series of important systems are explained and discussed respectively, to further and perfect these systems.One of the important features of economic globalization is the socialization of the legal system. In the process of China's socialist market economy was established and gradually improved, the implementation and management of land use planning are required transitions from the administration responsibility to the rule of law. Therefore, the thesis focus on the main line of the legal system of land use planning, to in-depth study the basic theory relevant to the land use planning. With a view to future land use planning practice can be beneficial.