On the use regulation of territorial space system from the perspective of the Constitution
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F205;D921

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    Abstract:

    As an important means of territorial spatial management, territorial space use regulation has a very important role to promote the modernization of space management system and management ability and at a higher level to build a harmonious relationship between man and nature, territorial space use regulation is an integral part of the ecological civilization system. However, the current territorial space use regulation system basis mainly is policy documents,with lack of authority, unity and specific laws, it does not accord with the objective requirements of promoting ecological civilization construction under the rule of law under the background of the rule of law, we need to speed up the construction of territorial space use regulation legal system, to provide legal guarantee for the territorial space use regulation. Oriented by this problem, this paper examines the territorial space use system from the perspective of the constitution, and tries to clarify the scientific connotation of the territorial space use regulation mainly through historical analysis and text analysis, and explore the basis of its constitutionality and the boundary of constitutional permission. The paper holds that the constitutional norms related to the territorial space use regulation in China have gone through the initial stage of determining the ownership of land and other natural resources, the development stage of the decentralized control of natural ecological elements and the establishment stage of the overall regulation of all-fields and all-factors. Nowadays, the territorial space use regulation meets the requirements of carrying out the national tasks of ecological environment protection and ecological civilization construction, ensuring the order of the development and utilization of territorial space resources, and realizing the modernization of territorial space governance system and governance capacity, thus, the constitutionality basis of obtaining the constitutional permission can be found in the current Constitution. At the same time, the current Constitution sets permission limits for the territorial space use regulation, which mainly includes legal control, legal reservation, public interest and proportional principle; in terms of procedure, information disclosure and public participation. We also need to establish a unified legal system for regulating the use of territorial space in line with the requirements of unified planning and unified use regulation.

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唐如冰.论宪法视野下的国土空间用途管制制度[J].重庆大学学报社会科学版,2023,(3):189~199

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  • Online: July 13,2023
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