Beijing scenery
Wu Jun and Zhang Xiao100.083)
Pick Want:In the local legislative aspect of garden, Beijing has carried out plenty of practice campaigns. This text passes through countermeasure and the problem of discussing existence and the successful experience in Beijing legislative process , put forward city garden regulation construction should step by step legal system melts , systematization, improve and perfect Beijing existing garden regulation system with error , offer overall legal system guarantee for Beijing city garden forestation construction.
Keyword: Garden regulation
The landscape Architectural Laws and RegulationsInBeijing
Wu jun Zhang xiaojing
(Beijing Forestry University, Beijing, 100.083)
Abstract
As far as local legislation for landscape architecture is concerned, a great deal of practice has been carried out in< xml:namespace prefix=st1/>< place w:st=on>< city w:st=on>Beijing< city/>< place/>. It is discussed that there exist many successful experience, current problem and countermeasure in the procedures of local legislation in< place w:st=on>< city w:st=on>Beijing< city/>< place/>. It is necessary to establishSystematicAnd legalistic Landscape law system to gradually provide an overall legal guarantee for urban landscape architecture construction.
Key words:Landscape law system, Local legislation, Technical specifications, Beijing
1.Foreword
Along with the development of social progress and economy, establish perfect garden law it is important as melting to form part to have become urban construction and management legal system with decree. It is the one of major feature of modern society that legal system melts , it is also the one of necessary condition of the construction of urban afforestation that reasonability has realized scientifically. A lot of developed countries metropolis process long-term practice, already establishment takes a series of garden professional law; Just because of foreign countries, incorporate garden decree into the fields such as territory program, regional program, urban and rural construction and environmental protection , just make garden legal system have been healthy to develop[1]. This text attempts to refer to through analysing Beijing current regulation system, combining the present actual condition of Beijing garden regulation establishment and offering for the reform of the local garden regulation of our country.
2.Beijing garden
2.1Content and the
Though, Beijing has carriedBut appearance more other foreignStillIt is insufficient,In land method rule or rule, have established the running mechanism of urban afforestation, according to the related content of urban afforestation, founding accord with the garden regulation system of self development. According to the different, Beijing existing garden local legislation of legal effectiveness, include local rule and regulation, local government rule and standard file mainly. NowContent and the1Show.
(1) local
" the Beijing< chsdate w:st=on isrocdate=False islunardate=False day=21 month=4 year=1990>1990Year4Month21Day< chsdate/>Is passed through by the 19th meeting of the 9th Beijing standing committee of people's congress , still promulgate enforcement early for a year than " the regulation of urban afforestation of our country ". Hereafter1998Year6Month city 11 classes of the Standing2002Year10Month city 11 classes of the Standing Committee of the NPC consideration waits for the Beijing present most important local rule and regulation of garden program construction work through" Beijing park regulation". And in clause, have made clear some established responsibilities of specific garden behavior standard , become other places to carry out the important legal basis of legislative campaign.
(2) local government
Beijing< chsdate w:st=on isrocdate=False islunardate=False day=1 month=1 year=1991>1991Year1Month1Day< chsdate/>Have issued " the Beijing< chsdate w:st=on isrocdate=False islunardate=False day=20 month=6 year=1990>1990Year6Month20Day< chsdate/>Have issued " Beijing forestation compensation cost pays the method of fiting ", purpose lies in the proportion that the standard forestation land area of construction project takes the area of construction land space , as well as for those forestations land area can't reach " the Beijing regulation of urban afforestation" the standard of 13th stipulationNeed to again carry out the project of construction
(3) standard
Used in the standard file of management, there are more comparisons, as technical standard and standard, program establishment method and program management stipulation. In the program local legislative practice of Beijing, the standard file of representative has " about accelerate the construction of the forestation isolation region of this city provisional method ", " about the Beijing city plant plantation of green land some opinions ", " about the Beijing forestation land area ratio of construction project regular enforcement manages replenish stipulation " and " city garden green chemical engineering Cheng construction and acceptance standard " to demonstrate text[2].
(4) program
The practice managed from program leaves , the important program accomplishment by the approval of strict program, as Beijing city overall planning, new city overall planning and the system of green land program etc. also should is a kind of form of the local legislation of garden[3].
2.2The stipulation
1995Year1Month, garden forestation responsible2003Year3Have implemented in month to implement the management patterns such as " is in charge of nutrient from , homework opens " , even garden administration is responsible, the function of department is also changed by operation to management. Now, what Beijing garden forestation department take the responsibility for management mainly have: Moving to fell trees examination and approval, the rate verification of construction project of green land and garden technical title report , the garden forestation enterprise application of human quality. As1998After year, it is outside that Beijing concentrates the right of administrative punishment three times relatively, Beijing city garden forestation punishment corresponding perfect. For harming forestation and construction, not reach the behaviors such as forestation standard have carried out detailed punishment to stipulate , have gotten good effect since performing.
3.Countermeasure and
3.1 The leak of current garden
Ending2005In year, the Beijing42%. According to" Beijing city overall planning"2010In year, the45% builds Beijing into the suitable house city withShow1The Beijing cityShow.
For realization above-mentioned goal, must use and excavate fully various may the land of forestation resource, and it is the one of resource of green land of the valuable construction district of urban planning that city generation solicits green land. Is current, the authorized urban afforestation of the considerable a part of department of urban planning that solicited by construction unit generation land, the owner unit of construction project has not galloped according to requirement after project is completed to return forestation land. Except the preferential policy that owner gets the drive of economic interests and has enjoyed land only, it is outside that not let to take apart to move gallop to return the responsibility of green land , what is more important is that because of related regulation do not perfect the management difficulty that causes. " the Beijing regulation of urban afforestation" is1990Year is worked out , but corresponding clause already can not satisfy current demand. Such as 17 second stipulation: " the land of urban afforestation that construction unit generation solicits , should deliver according to prescribed time limit afforest by city special field department goes on forestation, must not turn without authorization to be him use. ", but it can not be operated that no definite time limit makes inspection enforce the law. Only manage further conscientiously vigorously , establish city generation to solicit the superintendency mechanism of green land , improve perfect established generation to solicit the passageway system and supervisor management method of green land of examination and approvalThen can ensure the realization
Current garden regulation in in, the city classification program of green land of " the city system of green land plans establishment outline( try out ) ", have overlooked obviously garden green land take precautions against natural calamities to avoid calamity function; The land of urban afforestation not only is people the place of leisure amusement, at the same time, it is also to establish city to take precautions against natural calamities to avoid the needs of calamity, it is definite to fit it as soon as possible in regulation standard.
When forestation construction and completion acceptance stage, now only " the project construction and completion acceptance standard of urban afforestation " manage it, but manage in lack construction process for supervising rules and management responsibility believe , as well as completion acceptable rules believes; Therefore, should establish " the project construction and completion acceptance rules of urban afforestation" to carry out standard for this link.
The system of green land the enforcement of program, it is to protect forestation program land. In the 11th strip of " city green line management method ", have prohibited that everything alters forestation land to make the behavior that he uses , but has not still stipulated clearly for " temporary occupation city green line land, must handle the related formality of examination and approval in accordance with law ".
Besides, forestation scheme the corresponding technology of supervising enforcement and designing department to violate " park design standard" after examination and approval standard rear legal responsibility undertake , garden forestation design professional and technical personnel holds field to enter the fields such as the establishment of control standard definitely is in can not the state that may be depended on , certainly will add various obstacle for the development of garden profession.
3.2 Strengthen macroscopic
Synthesis rule and special regulation permeate mutually, with a view to the reasonable use of natural resource and land. But since profession management is concerned with the complex interests of main and masses of the public of diversification , and in legislation, it is thin that the stipulation for program still shows than entity content, and can not satisfy the needs of actual management work , need to perfect further urgently to implement the administrative working mechanism of parallel connection of parallel connection of examination and approval , accelerate the city major verification and examination and approval of engineering project, establishment is fast to examine and approve passageway. If2002Year4Month, Beijing gardening bureau has announced " the Beijing program design of urban afforestation of construction project scheme examination and approval( verification) reports method " to stipulate clearly: The different levels other newspapers of the program design scheme of urban afforestation of construction project that send careful unit and report material reach , as well as the various papers of design drawing should accord with " the scenery garden legend standard of graphic representation". This rule is helpful for garden administration to be responsible for department for green chemical engineering Cheng supervisor management, in order to the implementation of related regulation. But what regret is that and have not stipulated the specific program of examination and approval depend on with examination and approval as standard. Therefore existing garden regulation system should be from the angle of the program contents such as legal time sequence, time limit and space way , is open, just as reinforced management works and fairness. Suggest to combine establishment and the requirement of " administrative permission law " and perfect garden professional examination and the system of green land program the public of examination and approval and the administrative permission system of examination participation the management of system system.
3.3 Put the relation of straight policy
Policy is to establish according to the political economic atmosphere of each period mainly, law is correct policy after practice inspection proves , it is policy standardize , melt specifically. Since law and livelihood all come to force attribute, for ensuring , the enforcement of policy has important role. Therefore should determine before correct policy with legal form according to legislative program. The legal consciousness weakness of the public of our country can seldom solve problem through judicial channel. Unless is big for own interests infringement, will not expose others with initiative otherwise normally violate rule behavior. Current major problem falls is under the condition with definite policy , it is conducted , the phenomenon with not tight superintendency should how to avoid.
3.4 Garden regulation
Current stage garden regulation and the regulation of urban planning join the existent mistake district in the aspect of concept. Source is the criterion that lacks unification for the city system of green land and is standardized , lacks coordinativeness especially on the classification that shows in green land, if classification method is not perfected , regulation system is imperfect to cause the randomness in actual work to be too big[4]. Plan establishment to ensure2002In year, the Ministry of Construction approves , have announced " the city classification standard of green land", the city system of green land classification dynasty standardizes direction to step have made a big step. This work will clear away the city system of green land that stage now causes because of the standard with perfect lack to plan the confusion on concept , it is helpful to straighten the relation of garden regulation and the regulation of urban planning , so coordinate the campaign of garden campaign and other fields.
3.5 The supplementary role
Beijing has local legislative power , is authorizing , Beijing market system has decided " the Beijing regulation of urban afforestation" to wait a series ofly method rule standard. In which, what have local characteristic is " the Beijing regulation of urban afforestation". However when getting successful practice experience, it is limited to also have many perplexed suitable scopes as legislative power , the imperfect legal effectiveness grade of regulation of garden land method rule system is low , is insufficient for legislative plannedness between , the design and management and stipulation that made clear for examining and approving program lack the supervisor with a good lack and appraisement system. Therefore should form the content and goal that raises the basic train of thought of local legislative legal effectiveness and stability step by step and uses definite legislative work and advantage and the resource of local legislation fully , raise legislative technology , offer overall legal system guarantee for urban planning and construction work. In a word building only from place with the way running urban afforestation of administrative order is expedient; The construction of garden regulation only goes to land from central government square a complete regulation system, then can implement the enforcement of urban afforestation really.
3.6 It is important as
It is the important foundation of reinforced program management that what basicness technology normalize perfect , especially the program for some cores technical index( wait as the rate of green land, forestation coverage rate, the green land of average per capita and the public area of average per capita of green land), basicness technical standard is the important basis of the garden legislative work that is a and special surely on degree. Wait as " city garden green chemical engineering Cheng construction and acceptance standard ", " live in the district design standard of green land " and " roof forestation standard ". However for key content determine that is still simple, the new condition that is hard to sweep and be suitable for unceasing change need to have systematic, tight, perfect technical standard system. Though now, there have been many program standards and technical standards, need to still establish with new research technique and technical means the garden standard perfected more, go to its rising legal layer surface[6].
4.Close
In our country strengthening the big background of the construction of legal system constantly take off , though the present garden regulation system of Beijing, it is low to have the imperfect legal effectiveness grade of regulation of garden regulation system , legislative plannedness the stipulation of the definite insufficient, legislative program lack of examination and approval etc. various deficiency. But face future development, these practice experiences are further improvement have shown clearly direction with perfect Beijing existing garden regulation system, must also offer overall legal system guarantee for Beijing city garden forestation construction.IfShow2:The garden regulation
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