我国城市商业网点规划法制建设问题研究

Problems and Countermeasures of the Legal System on Commercial Outlets Planning in China

对城市商业网点规划进行必要的法律规制是发达国家的普遍做法和重要经验,也是我国适应对外开放新形势,保证内外资商业企业公平竞争及构建和谐商业,引导流通产业健康发展的重要举措。目前,我国商业网点规划法制建设虽然取得了一定的成绩,但仍然存在规范性文件效力层次低,内容不完善,约束力不足,政出多门,配套政策与法规缺乏等问题。因此,在加强并完善商业网点规划立法过程中,应使中央立法与地方立法相结合,正确处理城市规划与商业网点规划的关系,明确商业网点规划的职责与分工,提高立法的权威性和约束力,明确商业网点规划立法的重点内容,增强可操作性与执行力,同时建立并完善配套的政策和法律。

It is a common practice and an important experience to carry out necessary legal regulations on commercial outlets planning in developed countries. It is also a guarantee of fair competition between domestic and foreign .commercial enterprises with the new situation of opening to the outside world in our country. It is an important measure to build a harmonious environment of business, and to guide healthy development of circulation industry. At present, China＇s legal regulations on commercial outlets planning have achieved a lot, but there are still many problems, such as low-level effectiveness of the legislative regulations, imperfect content, and insufficient binding force, lack of supporting policies and laws and so on. As a result, when we strengthen and improve the commercial outlet planning legislation, we should combine central legislation with local legislation and properly deal with the relationship between city planning and commercial outlets planning. We should clearly define the duty and responsibility on commercial outlets planning to improve the authority and binding force of the legal regulations. We should also clearly define the key points of legislative regulations on commercial outlets planning to enhance its operability and enforcement, as well as we should establish a perfect supporting policies and laws.