中国国土空间规划法治化:问题检视与规范建构OA北大核心CSSCICSTPCD

Territorial space is not only a physical space for human survival and development,but also a social and power space that contains the production and reproduction of social relations.This means that territorial spatial planning is no longer just a technical tool for intervening in spatial production but has become a way of governance that reflects national will and government goals.As a public policy,legalization is the necessary route for territorial spatial planning to obtain legitimacy and is also an important way to prove the le-gitimacy of public power intervening in private rights.The essence of the legalization of territorial spatial planning is'good laws and good governance.''Good laws'are characterized by systemic integrity,scientific content,and guiding functions,while'good gover-nance'requires a holistic territorial spatial planning governance that is horizontally linked and a'pressure-feedback'territorial spa-tial planning governance that is vertically transmitted.The legalization of territorial spatial planning in China is facing multiple chal-lenges,including a lack of top-level design,a weak legal foundation for planning,and an unclear allocation of central and local authori-ty,which are constrained by both internal and external factors.Rights and power inherent in territorial spatial planning and their com-plex relationships determine that the structuralism of Faquan(the unity of rights and power)centered on'rights-power'has a more comprehensive explanatory power.The legalization of territorial spatial planning should follow the logic of'spatial power-spatial rights.'Spatial power is the foundation for the legal construction of territorial spatial planning.The power system of territorial spatial planning includes the provision of spatial development rights,the allocation of spatial planning power,and the establishment of spatial management power.The allocation of power should reflect the requirements of integrity,correspondence,and publicness.The goal of the legalization of territorial spatial planning is the achievement of spatial rights.The spatial rights in territorial spatial planning include compound spatial rights consisting of spatial rights in the narrow sense(spatial property rights)and spatial human rights.The compound attributes of spatial rights and the lack of corresponding laws,as well as the difficulty of appealing for territorial spatial planning as an abstract administrative action,imply that constructing a relief system for spatial rights with'legislative relief-administrative relief-judi-cial relief'at its core is practical and necessary.