The Classification Of Territorial Space Planning And Its Legal Regulation

As our country has gradually entered the stock era of land resources,the importance and complexity of land spatial planning have become increasingly prominent as an important means to allocate land resources.In the face of planning confusion,planning disputes and other problems,since the 18th Party Meeting,China has carried out a series of measures to manage national land and space,such as "multi plan cooperation".In May 2019,The Council,in the center of the Communist Party of China,announced on September 9,"some comments on the construction and implementation of the national land and space planning system",and submitted a request for the construction and implementation of the national land planning system.Fill the blank space of legislation and promote the modernization of national land space management system.The rule of law is the basic method of national governance and it is a path that must be taken in order to cure modernization.The legal regulation system is the basis and priority of the law.Considering that the content of the existing national land space plan is irrational,not implemented,and not fully implemented,the loss cannot be supplemented.For this reason,it is important to establish a legal regulation system for national spatial planning,and it is also an important demand.Based on the theory of administrative planning and administrative remedy,the first chapter of this paper reviews the legal system and practice of planning from the perspective of the dynamic process of the formulation,change and then implementation of territorial space planning,summarizes the practical difficulties such as difficult relief of planning,analyzes the causes,and draws the conclusion that the focus of relief disputes lies in the ambiguity of the nature of planning.The second chapter,by combining the existing practices and theories of territorial space planning,carries out individualized theoretical research,and makes a typification analysis according to the different contents and characteristics of the planning,reinterprets the legal nature of the overall planning,special planning and detailed planning,and clears out the disputes.Among them,the detailed planning of territorial space control belongs to the specific administrative behavior and has the remedy.The third chapter studies the existing laws,local regulations,policies and administrative planning theories related to territorial space planning,clarifies the whole process legal control system of different types of territorial space planning on the basis of type analysis,and summarizes the procedural anomie of control detailed planning.The existing legal system is unable to effectively avoid the phenomenon that regulation infringes on citizens’ democratic participation right,right to know and property right,so it is urgent to perfect the legal remedy system of planning.Therefore,the fourth chapter,based on the two aspects of administrative justice,considers the feasibility of relief,and concludes that administrative relief may have problems such as disputes over the scope of the case,and the internal review is not objective,which is not practical;The judicial relief is not only a final decision,but also a conclusion that can determine the action ability of the regulation through system interpretation,or accept the planning dispute in the form of incidental review.It is feasible to explore the practical legal relief of the regulation and provide reference for improving the legal and policy system of territorial space planning.Combined with the existing laws,policies,local regulations and administrative planning theories related to land and space planning,based on the typology analysis of the qualitative nature of land and space planning,clarify the nature of the planning dispute,clarify the legal regulation system of the regulatory detailed planning with strong binding force in space planning,including the process regulation and result control of the planning,summarize the whole process regulation system of the planning,systematically analyze and improve the legal liability identification;To clarify the feasibility of administrative relief and judicial relief and explore practical regulatory legal relief approaches can not only improve the laws and policies system of territorial space planning,but also provide relief for the rights and interests damage affected by the planning.