Study On The Floor Area Ratio Control System In Construction Planning In China

As the components of land-use planning control system, the salient feature of theFloor Area Ratio control in our country is running inside the administrative system,thus a large number of illegal behaviors on Floor Area Ratio exist during the landexploitation in our country and corruption phenomena in planning field constantlyappear, because of lacking external restriction mechanism of power, publicparticipation becoming formalistic and imperfect responsibility system; meanwhile,the unscientific setting of control rules makes risks for flexible development. It isfeasible countermeasures to perfect Floor Area Ratio control in construction planningto break through the administrative system to establish external power restrictionmechanism, refine rules and make public participation practicable, dredge theapproach of remedy for rights, perfect responsibility system and scientifically utilizeflexible control measures.The whole paper consists of four parts except the introduction and epilogue,totaling up33,000words.The first part is on the general theory about the Floor Area Ratio control systemin construction planning, in which the author mainly interprets the concept of FloorArea Ratio, Floor Area Ratio control in construction planning and the flexible FloorArea Ratio control, and also analyzes the function of the institution. The function ofthe institution mainly reflects in urban environmental construction and protection forspace property rights—performing important system balance function towards urbanenvironment (it can promote the balance between population and environment, trafficcarrying capacity, etc.)and aesthetic function(the shaping of urban characteristics); theconfirmation of Floor Area Ratio is the clarifying process of space property rights,simultaneously the important basis of settling disputes in Floor Area Ratio controlfield and it’s favorable for protecting the space property rights.The second part is concerning the current institution of our country and the legalanalysis of existing problems. The author clears up the current situation of institutionof our country from relevant provisions of normative documents and existing practiceand then points out that the restriction mechanism against the administrativediscretion in planning of our country(consisting of restriction among authorities andpublic restriction)is incomplete; the responsibility assigning mechanism against the illegal behaviors related to Floor Area Ratio between governor and users isunreasonable, which is suspected of aggravating the responsibilities of landdevelopers but alleviating that of management subjects; the right relief mechanism oftraditional administrative review and administrative proceeding has caused lack ofrelief before the event and unsmooth right relief approach after the event; theflexibility of the institution is inadequate, the scientificity of award rules for FloorArea Ratio needs improving, and the transfer institution of Floor Area Ratio remainsrefining and implementing.The third part is about the extraterritorial reference of the Floor Area Ratiocontrol institution in construction planning. The author deconstructs American zoningsystem from institutional setting and power configuration, implementation proceduresand flexible control measures, and then points out that the legalization mode, powerrestriction mechanism, the bottom-up control mode and the mature flexiblemechanism of American Zoning are worth drawing during the perfection of institutionin our country.The fourth part is on the measures to take to perfect the institution of our country,which is the emphasis of the paper. Set up the agency of standing committee of thePeople’s Congress--planning commission as the examining and approving agency forplanning affairs, forming power restriction mechanism in the planning field; make theplanning’s public participation institution into practice by enhancing publicity of theinformation, refining the subject form, ways and program of participating; add theindependent planning oversight committee as the special agency for administrativereconsideration in planning and count the disputes in planning formulation processinto the available relief range to unchoke the rights relief approaches in planning field;add economic responsibility, criminal responsibility for management subjects anddefine the liability for damage, improve punishment basis for land users to perfectliability system; reasonably layout the Floor Area Ratio award rules, establish thetransfer market for Floor Area Ratio and perfect the related supporting mechanism toensure the scientificity of flexible control in Floor Area Ratio.