Research On The Legal Issues Of The Main Body Of The Formulation Of Regional Administrative Planning In My Country

As an interdisciplinary and compound concept,regional administrative planning can be defined and analyzed from the perspectives of “region”,“administration” and“planning”.As a legal governance mechanism of regional economic integration,regional administrative planning aims to solve the contradiction between the administrative region and the economic zone and has the character of “cross administrative division”;as a form of administrative planning,it is an administrative activity of the public power of the state and has the character of “administrative behavior”;as an important part of China's planning system,it is the arrangement of economic and social development and spatial elements in a certain region and has the attributes of “economic and social development and spatial planning”.In general,regional administrative planning refers to the comprehensive deployment and arrangement of economic and social development,spatial land use and so on in order to promote regional integration and regional development,which is made by administrative subjects with corresponding planning power within a country.It is generally believed that the subject of administrative planning is the administrative subject,and the planning made by administrative subject is the administrative planning.Thus,it is easy to demonstrate circulatively on the surface without in-depth analysis of the real subject of planning.This is one of the important reasons that lead to the confusion of regional administrative planning positioning and poor implementation effectiveness.As the "source" of regional administrative planning,the subject of legal formulation is helpful to clarify the planning system and locate the regional administrative planning.It is a prerequisite for the implementation and supervision of regional administrative planning.At the same time,it is also the need for the unification of rights and responsibilities,and the inevitable requirement of administration according to law.From that regional administrative planning practice in our country,the related subject in the process of establishing regional administrative planning mainly includes the party organization?“leading group” and specialized agencies.Due to the above three main power have no independent ability to exercise the administrative act and bear corresponding responsibility,so all of them can't become regional administrative planning subject.the subject of compile,approve and release are separate and they play their own role in the process of planning.As a kind of administrative act,administrative planning ultimately need to be present in the form of printed text and the subject of printing text shall bear independent responsibilities,and also it should be the subject of regional administrative planning.Therefore,the subject of regional administrative planning are mainly administrative organs,that is,the central and local governments at all levels and their departments.At present,China's regional administrative planning have many problems.It does not belong to the statutory planning.The vertical unified planning has a certain constitutional basis,while the horizontal joint planning is difficult to clarify.The existing legal basis is mainly policies,normative documents,local laws and regulations,and the legislative regulation at the national level is absent.In addition,since the planning system has not been clarified yet,the competition for planning power among various departments is prominent,and the division of planning rights between departments is serious.Moreover,from the relationship between the government perspective,it can be seen that today in our country in the process of establishing regional administrative planning,central government plays games with local governments and local governments also play games with each other.Local government actively pursue planning and policy from central government but the distribution of power between the central and local authorities remains unclear.For the existence of the administrative contract system and the tournament officials mechanism,the competition between local government for planning power and planning content is very obvious.And the competition between local governments is greater than the cooperation between them,so it is easy to form a "zero-sum game".As a form of antecedent practice,China's regional administrative planning need to be regulated by the law.Firstly,we should clarify the planning system in our country and learn from the experience of other countries,forming a set of development planning and spatial planning of parallel programming system and formulate “the development planning law” and “the spatial planning law” as soon as possible.The regional administrative planning mainly focus on economic and social development and is mainly set by the government and its development and reform department,at the same time,it should be linked to other planning,especially the spatial planning made by the natural resources department.In addition,the government and departments should have clear legal authorization in the process of formulating regional administrative plans,and handle the relationship between the government and the market as well as the government and the public,giving play to the decisive role of the market in resource allocation and improving the public participation system.Finally,we should properly handle the relationship between the central government and the local governments and the relationship between local governments in the process of formulating the plan.It is of great significance for us to allocate the planning authority rationally,to improve the inter-governmental interest coordination mechanism and to promote the institutionalization of China's inter-governmental relations.All the actions above can do good to the modernization of China's governance system and governance capacity and make China a better home for us all.