The report of the 19th National Congress of the Communist Party of China is proposed,To establish state -owned natural resource asset management and natural ecological regulatory agencies,Uniformly exercise the responsibilities of all land and space use control and ecological protection and restoration。This is the first time that the concept of "land and space use control" appeared in the report of the party's national congress。During the reform of the State Council in 2018,This responsibility is placed under the newly formed Department of Natural Resources。May 2019,"Several Opinions of the State Council of the Communist Party of China on establishing a land and space planning system and supervising implementation" (hereinafter referred to as "Several Opinions"),"Based on land and space planning,Implementation control of all land and space partitions ... Formulate use control systems according to local conditions,Leaves space for local management and innovative activities "。Visible,The party and the country attach great importance to the role of land and space use in the governance of land and space。Current,Land and space use control is mainly based on policy documents,Under the background of comprehensively advancing the rule of law,This system must be long for a long time、Stable and effective implementation,The rule of law is an inevitable choice。
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Justice is the basic value orientation and highest value target of law,It is mainly reflected in the environmental law as the harmony between human interests and natural environmental protection、Equal enjoyment of environmental resources and interests between generations and generations。Space is not only a place for the existence and implementation of the law,It can also be bet365 best casino games regarded as part of the legal content。In fact,There are many situations in the current environmental legal system of our country as a situation as the legal content,A specific field space defined according to the natural laws of the ecosystem (such as national park、Nature Protection Place),Basin spaces defined by ecological and social systems (such as the Yangtze River、Yellow River)。If you try to understand space justice from the perspective of environmental law,More three -dimensional representation of justice,The comprehensive effect of pursuing social space and ecological justice,Its multiple attributes of its means that people should not only grasp the responsibility and obligations of different interest groups from the perspective of social space,From the perspective of ecological space, understand the relationship between people and other lives and the entire nature。The rule of law of the use of land space use control is also a case that regards space as legal content,It's not limited to specific areas,but extended to the entire land space range。
Because it is difficult for us to from the economy、Politics、Culture、Society、Ecological civilization and other single sides to achieve the best control effect,It is difficult to cut the natural space unit and social space unit,It is difficult to completely distinguish between viewing and downstream、Different industries such as left and right banks、The interests of the industry and the group,The value concept of space justice is only among the numerical targets of land and space use of the rule of law.。In the past, the use of sub -elements and divisions of the department is obviously difficult to meet the requirements of the "five -in -one" overall layout in the new era,The basic value of space justice as the use of land and space use,It is conducive to global、Publicity、Systemic thinking implementation of land space use control,Pass the coordination、Reasonably allocate land and space resources and Bet365 app download the ecological resources contained in it、Comprehensive consideration of the factors of all parties to allocate related interests to achieve the economy、Society、Coordination of the three benefits of ecology,helps to eliminate resource allocation of injustice、Ecological Destruction、Undefeating regional development and other series of contradictions and problems。
rule of law is an important means
From the overall perspective,Realizing space justice depends on the modernization of land and space governance,and the latter cannot be separated from the rule of law of land and space governance,Land and space use control rule of law is an indispensable important content of land and space governance rule。Although the use of land and space use control has not been unified today、Authoritative concept definition,But can still be seen from a series of policy documents from the party and the country、Analyze and summarize the main body of the use of land and space use、Object、range、means。After the reform of the State Council in 2018,The Ministry of Natural Resources is responsible for unifying the power of all land and space use control。The control object is all natural resources in the global,Including land space and sea space,Covering cultivated land、Water area、Forest、Grassland、Wetland、Sea Island、Mining、Wasteland and other natural elements,It is mainly targeted at construction activities and non -construction activities,One category involves various development and construction,One type involves natural resources protection management。Due to my country's natural resources endowment、Economic and cultural development and other differences,Usage control adopts partition classification method,Not only does it include the control of natural resources,It also includes using strength、Effects and its controls on the sustainable use of natural resources,Is a comprehensive、Regulation of the whole process。
At present, the legal support of land space Bet365 app download use control is still insufficient,If you want to build a relevant legal system to ensure effective implementation,First of all, you need to seek the basis from the constitution of the fundamental law。Relevant economic freedom in my country's "Constitution"、Social Security、Property Right Protection、National Environment Obligations、Human Rights Protection, etc. All regulations reflect all aspects that need to be taken into account in the use of land and space use control。but,Constitution Specification After all, it has principles、Abstract features,In practice, it is necessary to carry out legislative transformation of relevant constitutional specifications。"Several Opinions" clearly proposes to "study and formulate the development of land and space development protection law",and land space planning and use control as the core content of the development and protection of land and space,Its corresponding legislation also attracted much attention,To avoid the cross -repeatting of various systems and protection of land and space、conflict with each other,Legislative Legals in the field of land and space governance、law enforcement and law -abiding costs,It is necessary to adopt the legislative mode of the "Land and Space Development and Protection Law",That is, the law only provides framework for the specific legal system it contains,The specific content involved in the relevant system is authorized to be improved through administrative legislation。For the use of land and space use,,Can make frameworks in the "Land and Space Development and Protection Law",Activate the "Regulations on the Control of Land and Space Uses" to make more operable detailed regulations。and,Due to the large range of land and space,Usage control involves complicated matters,Not only need to be guaranteed from the national level legislation,Differential controls must be implemented through local legislation。
Multi -measure and take the inevitable requirement
Land and space use control is a complex system engineering,Realization of space and justice through its rule bet365 best casino games of law cannot be separated from the corresponding supporting system and measures,to form a joint force to ensure its effective implementation。From the physical level,First of all, we should improve the land space plan。"Several Opinions" Clarifying the use of land and space use should be based on land and space planning。Land and Space Planning should be evaluated with resource and environmental carrying capacity and adaptive evaluation of land and space development as the basis for space layout and pattern optimization,National、Provincial、City, county, towns and towns and other levels of land and space planning at different levels of land and space are strategically、Coordination and implementation should have different focus,Therefore, it provides a scientific basis for effective implementation of the effective implementation of the use of land and space。Secondly, a sound ecological compensation system should be established。Land and space use controls to make corresponding constraints on the degree of land development and utilization,Guaranteed the sustainable use of the land,Although the disadvantages caused by the failure of the land resource allocation market to some extent,But it also means that related areas may lose corresponding development rights because of this。and,Different functional partitions on land space,It will also lead to an uneven allocation of land rent,But between the actual operations、It is difficult to form compensation coordination between market entities,Therefore, the government -dominated ecological protection compensation mechanism needs to be established,Really reflects the leading role of space justice on the use of land and space use,Improve the consciousness and enthusiasm of the whole people to protect natural resources and ecological space。In the end。To be based on land inspector、Environmental Protection Inspector、Marine Inspectors and other daily inspections and supervision work,Monitor bet365 best casino games the satellite remote sensing、big data and cloud computing technologies and other technologies, as well as the informationization and digital achievements of the global land and space,Establishing integrated land and space use control monitoring and evaluation mechanism and dynamic early warning mechanism,Global of realization of land space、All factor dynamic supervision; comprehensively consider the bottom line of space、Structural efficiency and space quality,Establishment can fully reflect the amount、Quality、Effective land space use control monitoring index system; focus on key spaces such as "three control lines",Establish an annual plan for natural resources、Space access、The normalized evaluation mechanism of use and implementation of the implementation of the license implementation; it is necessary to discover and seriously investigate and deal with illegal acts in the development and utilization of land and space,The authority of strengthening the use of land and space use。
From the program level,On the one hand,Positive negative list of space access、License of the construction project、Related information such as use use and other related information will be disclosed in time,To ensure the public's right to know,Transparency of the implementation of the system、Sunshine,Improve government credibility,While effectively protecting the power of public supervision,It can also provide behavior guidance for the public。On the other hand,A demonstration meeting can be adopted、Hearing or other forms to strengthen public participation,Consultation related units for the control of the use of land and space、Opinions of experts and public,Especially to maximize the democratic participation of the public's democratic use of the public interest involving public interests、Order participation,Make relevant control measures be fully understood by the public、Recognition and support。
(this article is the major project of the National Social Science Foundation "Study on the Legal Regulation of Biological Diversity Protection" (19ZDA162) phased results)
(The author is a professor at the Institute of Environmental Law of the Ministry of Education for the Ministry of Education's key research base、Director)
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