Land and Space Development and Protection Legislative Legislative Legislative Legislative Legal Statistics
August 17, 2022 09:14 Source: "China Social Sciences" August 17, 2022 Total Issue 2472 Author: Zhang Zhongli

To vigorously promote the construction of ecological civilization,Build an efficient、Coordination、Sustainable land space development pattern,The report of the 18th National Congress of the Communist Party of China clearly stated that the "establishment of protection system for land and space development"。Since then,Land and Space Development and Protection System is continuously improved,Legislative guarantee demand for land space development protection is also more urgent。General Secretary Xi Jinping proposed at the twelfth meeting of the Central Finance Leading Group in 2016,"To study and formulate the overall law of land and space development protection"。The legislative planning of the Standing Committee of the 13th National People's Congress includes the "Land and Space Development and Protection Law" in the second category legislative project,The General Office of the Central Committee of the Communist Party of China、The "Guiding Opinions on the Reform of the Reform of the Natural Resources' Asset Property System" issued by the General Office of the State Council and the "Several Opinions of the Central Committee of the Communist Party of China and the State Council on Establishing the Land and Space Planning System and Supervising the Implementation" (hereinafter referred to as "Several Opinions") It is clearly proposed to "study and formulate and formulate the development of land and space"。Visible,Establishing the Law on the Development of Land and Space is imperative。

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Clear the purpose of legislation is the basic prerequisite for realizing the scientific legislation of land space development and protection。Land and Space Development Protection Law is the organic unity of the Land and Space Development Law and the bet365 Play online games Protection Law,It is the legalization of the comprehensive decision -making mechanism of the environment and development in the field of land and space development。Establish a protection law for land and space development,It is based on the realization of space justice,On the basis of respecting the capacity of the resource and environment of different regions,Promote sustainable development of various regions according to its main function positioning,Make sure the population in all areas、Dynamic balance of economic and resources and environment,To achieve high -quality development of land space。

Land and Space Development and Protection Law is essentially a "distribution method" of land and space interests between multi -level and diversified subjects。The so -called "multi -level and multi -subject",Not only does it include vertical upward central and local governments at all levels,It also includes local governments and related departments of horizontal upward,It also includes a variety of private groups or individuals。For different subjects,Land and space interests may be manifested as safe interests、Environmental interests or development benefits。For example,The central government may pay attention to ecological security、National interests such as food security,Local governments may pay more attention to local financial income、Basic public services supply and local competition advantages and other local development benefits,Private subjects may hope to get more economic benefits,Social subjects may pay more attention to their meetings of the demand for a better living environment。The fundamental reason is,The same land space has multiple functions and uses,The benefits of land and space under different purposes are far from the difference in output。Therefore,The difficulty of the protection legislation of land and space development is,How to scientifically allocate the development right of land and space between multi -level diversified subjects,Realize the balance and coordination of the bet365 live casino games interests of land and space between multiple subjects。

  Construct a governance mechanism of incentive compatibility

Inspirational compatibility refers to in the background of a market economy,Any market entity will have its own self -interesting side,All of them will maximize their own interests,If a system can be designed, the private benefits pursued by the supervisory object are in line with the public welfare goals pursued by the regulatory subject,It will form a system state that may not be the best but can be accepted by all parties,This system is easy to get effective implementation。The problem that the incentive compatibility is to solve is,In the background of the market economy,Relevant departments of the central government,All local governments and related departments、Related entities such as private subjects such as private subjects try to pursue their own interests to maximize,The principle of input and output of all parties does not meet the principles of efficiency and efficiency。

Incentive compatibility requirements,The legislature shall be based on insisting on green priority,Respect the development appeal of protective areas under the main functional zone system。For this,Land and Space Development and Protection Law shall establish multiple guarantee mechanisms to promote balanced space。The first is to establish an ecological protection compensation system,Based on the radiation range of the positive and external effects of ecology,It provides compensation for ecological protection to the development of limited development from the central government and (or) the areas of beneficiary areas due to ecological protection。The second is to establish an ecological product value realization mechanism,Promote the development of ecological industrialization,Promoting the supply of ecological products to expand local development opportunities in a "hematopoietic" method。Third is to establish a fair and reasonable land value -added income distribution mechanism,To ensure that the central government's policy on bet365 Play online games "improving farmers' proportion in land value -added income" is implemented in an operable legal system.。Fourth is to establish a differentiated performance assessment mechanism,It is necessary to set differentiated indicators for different local governments and evaluate it,It is also necessary to evaluate the departments responsible for the supporting policy of the main functional area。

Inspirational compatibility also requires,Land and Space Development and Protection Legislative Legislative Legislature shall promote in -depth communication and reach consensus to provide institutional guarantee。Governments at all levels must adhere to the people -centered thought when preparing land and space planning,Establish the concept of communication planning。communication planning means that any plan should be guided by practical problems,Through public、Fair、A fair program,In -depth communication through relevant parties,Throughout the parties' full cognition of the demands and concerns of each other,Based on mutual negotiation and compromise,A larger range of consensus is achieved as much as possible,strive to realize the balance of interests of all parties。Governments at all levels are preparing for land and space planning,It should be "three as possible",that is as much as possible as possible、Participate in the preparation process of land and space planning as far as possible,and fully express opinions as much as possible。In view of the details of the land and space, it is controlled directly for development and construction behavior,Therefore, the density of the law of the public participation should。This method should also establish a corresponding mechanism,Make sure that when the parties cannot reach a consensus, the superior or the government will intervene in time to regulate。

  Adhere to systematic thinking

The special feature of the Land and Space Development and Protection Law is,The problem of "ecological disease" in order to solve the development of economic and social development,It adopts "System Governance、Governance according to Bet365 lotto review law、Comprehensive governance、Source Governance "" Chinese medicine "method instead of headache doctors、Foot pain medical feet。So,Land and Space Development and Protection is far from the natural resource department or an institution in a certain government department.。On the one hand,Land Space Development、Use、Protection and repair must be based on the capacity of resources and environment carrying and the appropriate evaluation of land space,and the latter rely on the monitoring and survey of natural resources。Inside the natural resources department,These tasks are responsible for different institutions。On the other hand,System for the main functional area,The nine supporting policies and differentiated performance assessment mechanisms proposed by the "National Main Function Zone Plan" are submitted by the financial department、Development and Reform Department、The ecological environment department, etc. are responsible。Therefore,Land and Space Development and Protection Legislative Legislature shall be based on the responsibilities of various government departments, including the natural and resource departments, on the basis of the duties in the development and protection supervision of land and space.,Construct a coordination and coordination mechanism in the field of land and space development and protection,Ensure that these government departments or internal institutions can effectively coordinate and form a joint force,To achieve overall governance of land space。

In terms of the rule of law in the governance of land and space,Except for the development of land space development and protection law,The legislative planning of the Standing Committee of the 13th National People's Congress also included "Legislative Legislation in Space Planning" in the third category of legislation,The academic community should also formulate a strong voice of the "Land and Space Planning Law" as soon as possible,There is a lot of controversy on how to implement the above legislative tasks。From the relevant requirements of "Several Opinions" bet365 Play online games and "The Thirteenth Five -Year Planning Outline of the National Economic and Social Development",Land and Space Planning System、Land and Space Usage Control System、Differential performance assessment mechanism is the specific development and guarantee measures of the main functional zone system,Four is inseparable。Therefore,In order to enhance the integration of the legal system of land and space governance,Institutional trading costs to reduce the governance of land and space,Avoid the connection and coordination problems that may be caused by multiple methods,Land and Space Development and Protection Legislative Legislative Legal Legal Mode,From this law, integrate the land and space planning system and its supporting policy,No longer formulated a single -line method of land and space planning。

Of course,Relying on land and space development protection law may not be enough to achieve balanced land space development goals。"Several Opinions" proposed,By 2035、Moderate living space livable、Ecological Space Mountain and Qingshui Show "target。This target implies the secret,Land and Space Governance must be centered on the people,It is necessary to ensure that each region develops in accordance with its main function positioning,It is also necessary to ensure that people in various regions enjoy the level of basic public services that are equal to the same。but,Those relationships nationwide ecological security、Food Safety Reserve areas are basically coincident with backward areas such as old and old border and poor,Ecological protection compensation mechanism、Ecological product value implementation mechanism and land value -added income distribution and other systems are not yet complete。Therefore,Relying on land and space development protection law may not be enough to compensate for the development opportunities of the development of the protective areas due to the loss of land space in the main functional area or fully meet its development needs。Therefore,It should be accelerated to promote the special legislative pace of promoting Bet365 app download coordinated regional development。

  (This article is the "Study on Ecological Repair Response Responsibility for Mining" (19BFX183) in the general project of the National Social Science Foundation)

(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)

Editor in charge: Chen Jing
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