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Deliberation excerpt: on the general principles of urban and rural planning

the 27th session of the Standing Committee of the Tenth National People's Congress deliberated the urban and rural planning law of the people's Republic of China (Draft) in groups, and the excerpt of the speech is as follows:

member Zheng Gongcheng said that the core idea of this law, I think, is to truly determine the basic principles of planning before construction, scientific planning, and democratic planning. There can be no construction without planning, and the image of planning must be maintained. At the same time, we should establish scientific and democratic planning, and avoid the phenomenon that leaders make decisions and revise plans completely based on their likes and dislikes. Scientific planning must emphasize scientificity. A few members just mentioned that planning should have legal binding force, which can only be achieved on the basis of scientific planning. How to embody scientific planning? I think the law should seriously consider the norms of respecting science and avoiding the specific intervention of leaders in urban and rural planning. Democratic planning is mainly about standardizing procedures, public participation, planning publicity, expert argumentation and other issues. Democratic planning should put the current administrative decision-making accountability mechanism into law. Only scientific and democratic planning can establish the authority of planning. I think this draft law should also reflect the principle of obeying the national economic and social pattern. It is not enough to talk about the planning of a province, a prefecture, or a county. In the eleventh five year plan, the country is divided into several regions, which can take the lead according to the national regional layout and then determine the technical status of the inspected object (such as qualified or not, remaining life, etc.). If there is a macro planning layout at a higher level, it can not only save resources, but also improve efficiency. Therefore, urban and rural planning should pay attention to the planning of large layout, and then consider local things under the large layout. In the law, this part is not enough

Member uritu said that the basic framework and main contents of the current draft are feasible. I put forward three suggestions: first, before this law, there were the urban planning law and the regulations on the planning and construction of villages and towns. This law is called the urban and rural planning law. From the content of the draft, it has absorbed the main contents of the original laws and regulations. However, as an urban and rural planning law, I think the planning content of townships and villages is obviously weak compared with cities and towns. I read the articles. There are 15 articles in the chapter on the formulation of town planning, of which only Article 19 is about the provisions on the formulation of township regulations for tensile test, pressure test, bending test plan and village planning; There are 18 articles in this chapter on the implementation of urban and rural planning, of which only article 39 is on the implementation of township and village planning. There is also a paragraph in Article 27, which has something to do with village and town planning. I hope it can be enriched in the process of modification. In addition, urban and rural planning should be different. For example, the problem in cities now is the lack of control, and the problem in rural areas is the lack of guidance. If many of the current contents of urban planning are used in villages, it will certainly not work. Therefore, we must formulate the plan according to the current urbanization process of our country and the long-term goal of new rural construction. Second, I don't think the relationship between some plans in this draft is very clear. For example, the current draft has built PTFE film, chloroimide fiber, surface modification and film coating production lines, one is called "urban and rural planning", and the other is called "master planning". The relationship between master planning and urban and rural planning, urban planning, township planning, village planning should be clear. What is the relationship between "urban system planning" and "urban master planning", "town master planning"? Do you need so many different levels of planning? I suggest clarifying the relationship between these different plans in the revision. Third, in the general provisions, Article 1 proposes to protect natural resources and historical and cultural heritage such as cultivated land, and Article 3 also proposes to protect natural resources and historical and cultural heritage such as cultivated land. I think this can be combined. In addition, Article 2 stipulates that construction activities in the planned area must comply with this law. Paragraph 2 of Article 3 also stipulates that construction activities in the planned area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection. These contents can be combined completely, and there is no need to repeat them. There are other problems like this, which I hope to consider when revising

member ye Rutang said, 1 The core of urban and rural planning is the spatial layout of all kinds of engineering construction and the rational allocation of relevant resources. Its direct significance is to guide and standardize all kinds of engineering construction in urban and rural planning areas to ensure the healthy, orderly and sustainable development of urbanization. The relationship between planning and construction should be pointed out in the general principles. Planning is the premise of construction, and construction is the destination of planning. The two complement each other and are inseparable. 2. The urban and rural planning law is not just a simple addition of the original urban planning law and the regulations on the construction of villages and towns. It should reflect the essential requirements of urban and rural planning and replacing Township with city from the perspective of system design. Over the years, some provinces and cities have made beneficial explorations in the implementation of Urban-Rural Coordination or urban-rural integration in the field of urban-rural planning and construction, which is worth absorbing into this law. 3. The past law enforcement inspection shows that the so-called planning violations are the people's violations, the legal persons' violations, and the law enforcers' violations. It is not the first and second categories that have a bad impact and are irretrievable, but some municipal and county governments themselves. The current supervision and inspection and laws have not made necessary provisions for the government to break the law, which will still be a "weakness" of this law. It is suggested to add provisions on planning supervision. The State Council and the provincial construction administrative department can be appointed by the government at the same level to jointly supervise the major violations of laws and regulations of the lower level government

Commissioner Ren Maodong said that three aspects of the draft law were not fully reflected. The first is that the provisions on the strength of cultural heritage protection are not reflected enough, and they conflict with some contents of the cultural heritage protection law. In recent years, in urban planning, the massive destruction of cultural heritage is amazing. An architectural expert said that the cities from south to north are the same, and the characteristics of Chinese culture can't be seen. Therefore, corresponding contents should be added to this draft. The second is that different regulations on the use of public welfare land and commercial land are not fully reflected. After the promulgation of the property law, the provisions on land acquisition and requisition are very clear, and there are no provisions on the allocation of land, but the provisions on planning in Article 35 of the draft law are in conflict with the property law. The third is not reflected enough

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