面向操作的乡村规划管理研究——以杭州市为例

STUDY ON RURAL PLANNING MANAGEMENT AT THE OPERATIONAL LEVEL:A CASE STUDY OF HANGZHOU CITY

2008年1月1日起实施的《城乡规划法》,第一次从规划引领、城乡一体的要求出发,出台了乡村建设规划许可证制度,提高了乡规划和村庄规划的地位和作用,完善了乡村规划管理制度,保障了乡村建设工程切实依据法定的乡规划和村庄规划实施落实,为城乡规划主管部门在乡、村庄规划区内行使权属管理职能提供了必要的法律依据,也有利于维护建设单位按照规划使用土地的合法权益。但上位法表述原则,对于乡村规划管理的具体内容、管理模式、乡村建设规划许可证核发的程序与条件等没有给予明确。乡村与城市差别很大,不能一味地照搬城市管理模式。本文从可操作层面入手,通过对杭州市乡村规划管理的研究,尝试找寻适合乡村发展的管理路径。

The Urban and Rural Planning Law has been promulgated since Jan. 1,2008, which for the first time, aiming at the requirements of planning taking the lead and urban-rural integration, proposed the rural construction and planning permit system, improved the status and role of township planning and village planning, completed the rural planning management system, and ensured the implementation of rural construction engineering in line with the statutory planning. It provides legal foundations for the urban and rural planning departments to perform the ownership management function in the township and village planning area. Meanwhile, it also helps to safeguard the lawful rights and interests of the development organization to develop the land according to the planning. However, the higher-level law fails to clarify the specific contents and management modes of rural planning management, as well as the procedures and conditions for issuing the rural constructionand planning permits. Due to the huge gap between urban and rural areas, the urban management mode should not be followed blindly. Through the study on rural planning management of Hangzhou, this paper tries to find a suitable management path for the rural development at the operation level.