中国国土空间规划法律体系：问题检视与框架重构

通过对现行空间规划法律规范的体系性检视，发现由于立法策略、部门立法以及规划立法依附性等原因，其存在顶层立法付之阙如、外部结构冗杂扁平、内部规范碎片冲突等问题。遵循领域法、发展法以及体系化逻辑，国土空间规划立法应以现实问题与治理现代化为导向，在突破部门法壁垒的同时注重法制发展的接续性，力求实现国土空间规划法律体系的形式协调与价值融贯。构建国土空间规划法律体系，对内应确立国土空间规划法的基本法地位并辅之以配套立法，对外应注重与国土空间开发保护法等相关立法、国土空间政策与技术标准的衔接，最终构架起一个主轴明确、层次严密、差序有别的圆锥状国土空间规划法律体系。

Legal system of territory spatial planning in China: Problem examination and framework reconstruction

Through a systematic review of the current legal norms of spatial planning, it is found that there are problems such as lack of top-level legislation, redundant and flat external structures, and fragmented internal norms due to legislative strategies, departmental legislation, and the dependency of planning legislation. Following the "Field Law", "Law and Development" and systematic logic, the legislation of territory spatial planning should be guided by practical issues and modern governance, and it needs to pay attention to the continuity of legal system development when breaking through the barriers of departmental law. On top of that, it strives to realize the coordination of the legal system and the coherence of values. To build a legal system for territory spatial planning, the status of basic law of "Territory Spatial Planning Law" should be established internally and supplemented by supporting legislation, and externally, it should be connected with relevant legislation such as "Territory Spatial Developing and Protecting Law", territory spatial policies and its technical standards. In the end, a cone-shaped legal system of territory spatial planning featured with clear main axes, strict levels, and different orders will be constructed.