Journal of Northeastern University(Social Science) ›› 2021, Vol. 23 ›› Issue (5): 81-87.DOI: 10.15936/j.cnki.1008-3758.2021.05.011

• Law • Previous Articles     Next Articles

Function Orientation and System Construction of the Legislation of China's Spatial Planning Law

HUANG Xisheng, WANG Zhongzheng   

  1. (School of Law, Chongqing University, Chongqing 400044, China)
  • Published:2021-10-14
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Abstract: Spatial Planning is an important measure to modernize the national governance system and governance capacity. The problems in China's spatial planning, such as one-sided concepts, complex systems and fragmented laws, need to be solved and rescued by a comprehensive Spatial Planning Law. According to the analysis paradigm of “ontology-functionalism-constructivism”, the legislation of Spatial Planning Law is necessary, feasible and legitimate. Spatial Planning Law realizes the order value of law through integration and coordination, and the justice value of law through measurement and compensation. On the choice of legislative mode, Spatial Planning Law should adopt a separate and regulatory legislative mode, which belongs to the law of space planning in a large category. In terms of system construction, Spatial Planning Law should complete the system embedding through the mode of “exploitation+protection+supervision”.

Key words: Spatial Planning Law; space governance; value function; holism

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