Research On The Legal Regulation Of Appropriate Adjustment And Control Of Mega City

With the economic and social development, the scale of large city China city in the process of the increasingly prominent, while the large city population scale and the scale of construction as the most direct embodiment of city scale, become the determining factor of city scale to a large extent. Appropriate regulation of mega city scale is to solve the large city scale problem the most reasonable, scientific way.Definition of the basic concepts in the first part of this paper combs the mega city scale of regulatory measures, the author thinks that the big city should be formed in the city area resident population of from more than 5million to 10 million of the population gathered the following settlements, densely populated areas including residential areas, business district has administrative jurisdiction and functions. This paper considered moderate regulation is carried out on a people-oriented basis with China characteristics of regulatory measures, mainly aims at is the regulation of population size and the scale of construction, the implementation of the measures shall be based on the constitution, under the legal framework and make various social interest groups control optimum allocation. In the control principles, including the realization of the scientific management of city population, the city planning stage should be people-oriented and to realize the equal access to basic public service socialization, in large city scale regulation should also pay attention to the constitution as the basis for ensuring citizen’s freedom of migration. This is the core content of moderate regulation.The second part of this paper, puts forward the existing mega city of regulatory measures and these measures of the problem. Mega city scale control measures have started to implement the main current of population size and regulation measures on city construction scale, population scale is mainly from the "The model of Shunyi", started in Beijing Shunyi, is a kind of occupation, real estate, education for the regulation of population flow of population management pattern vector, this model has quick effect, but there is injustice, easy to violations of human rights. Another is the residence permit system, the integral can make the foreign population has local household registration. To control the scale of construction is mainly concentrated in the land of the intensive land use system, according to the policy that, for mega city state is no longer approve new construction land in urban renewal, but will focus on. The author thinks, big city the main problems are several points:(1) the current mega city scale control against the principle of proportion and the basic rights of citizens too.(2) In the administrative measures on the lack of legal basis related. These measures of administrative strong colors, local government is a temporary provisional implementation rules, rarely taking the normal legislative procedures. On the administrative legislation public participation is not enough.The third part of this paper, some of the countries outside the advanced management experience of large city introduced and summed up the experience is worth China. This paper mainly introduces the USA "green card" system, the advanced German city planning and Japan free city management experience. That these countries not only to power to break up large city in the foreign population, is not strictly limit the development of city construction scale. They are more in accordance with the provisions of the legal system, respect the laws of market development, and respect these citizen migration intention. And timely resolve unnecessary city function, city living in natural population decrease will reduce city construction scale, city scale corresponding to the effective regulation.In the fourth part, discusses the perfect path of large city in China and the system regulation ideas. Is mainly to the big city in our country regulation legislation mode selection, this paper argues that the legislative mode should be the place to develop in line with their actual situation of policies and regulations, to avoid copying the upper law. And the administrative act, the government should also use more flexible measures such as administrative guidance, economic regulation and other means to make up the lag of law. With the large city population scale control of the related legal system is in a vacuum or do not meet the actual needs. This phenomenon should be in the future along with the policy implementation process of gradually perfect, especially in basic public services, attached too much interest in the reform of the household registration system, the household registration by gradually peel off, let the city regulation measure conforms to our country constitutional spirit, to do justice and equality.