宪法修正案规定,国家保护公民合法的私有财产。旨在落实宪法这一精神,确定产权归属,保护物权的物权法,已于2007年实施。城乡规划的实质是通过对土地等空间资源的安排而影响私人物权权益,但当前城乡规划立法中忽视公民物权权益。为了落实国家宪法与《物权法》保护私人权益的精神,需要城乡规划立法创新,以使物权主体的权益得到切实的保护,也使规划在实践中因得到物权主体的支持能够顺利实施。 The constitutional amendment stipulates that the state protects the legitimate private property of citizens. The Real Right Law, which aims at implementing the spirit of the Constitution, confirming the ownership of property rights and protecting real rights, was implemented in 2007. The essence of urban-rural planning is to influence the rights and interests of private property through the arrangement of space resources such as land, but the current urban and rural planning legislation neglects the rights and interests of citizens. In order to implement the national constitution and the spirit of “property law” to protect private rights and interests, innovation of urban and rural planning legislation is needed so as to effectively protect the rights and interests of the main body of property rights and to ensure the smooth implementation of the plan in practice due to the support of the subject of real right.