On The Land And Spatial Planning System

The land and space planning system is an important part of China’s planning system.It has the basic characteristics of the overall layout of the land and space,the mandatory constraint of the ecological bottom line and the comprehensive and systematic planning layout.As the key implementation direction of national space governance,the land and space planning system is an important part of the construction of ecological civilization.Since the 20 th CPC National Congress,improving the land space and planning system has become the key task of building a new development pattern and promoting highquality development.However,in the process of formulation and implementation,the land and space planning system also faces some problems and challenges.To this end,China has further strengthened the improvement of the territorial space planning system through the reform of government institutions,normative system documents and other measures.In general,although these efforts have made progress to some extent,due to the complex development of the land and space planning system and the late start of its research and other factors,there will always be some institutional difficulties in concrete practice.It mainly includes the following five aspects: first,in terms of system positioning,the planning object of territorial space planning is comprehensive territorial space,and should not be positioned as a single element of land and planning.Therefore,it is unreasonable for the current legislation to stipulate territorial space planning in the Land Management Law;Second,in terms of delimitation rules,"three zones and three lines",as the core component of the territorial space planning system,its own delimitation rules are not clear,which are mainly manifested in the unclear boundary delimitation rules of "three zones" and "three lines" and the unclear delimitation priority rules of "three zones and three lines";Third,in terms of the subject of exercise of power,the provisions on the subject of compilation and approval of territorial space planning have been relatively chaotic,without a clear provision;The fourth is the legal effect,which is embodied in the legal effect between the overall planning and the detailed planning in the territorial space planning.It is unclear how the content of the overall planning is transmitted to the detailed planning;Fifth,in terms of public participation,the public participation system,as an important institutional system of the territorial space planning system,is not perfect in terms of both physical participation and procedural participation.Therefore,there is an urgent need to improve the territorial space and planning system,and the specific ways to improve it are as follows: first,clarify the choice of access to the law,and improve the legislative level of territorial space planning;Second,clarify the division rules of "three zones and three lines",and solve the conflicts caused by the division of "three zones and three lines";Third,clarify the main body of planning preparation and approval,and ensure the rationality and scientificity of the land space and planning;Fourth,clarify the legal effect of the overall plan and the detailed plan to ensure that the plan can be effectively implemented and guaranteed;Fifth,improve the public participation system of territorial space planning,guarantee the substantive rights and obligations of participants,and improve the democratic procedural mechanism.