宅基地三权分置的利弊分析与思考

Analysis and Consideration on the Advantages and Disadvantages of the Separation of Homesteads' Three Rights

  • 摘要: 【目的/意义】当前宅基地三权分置还处于局部试点阶段,尚未形成完整的理论体系和实践方法,通过对宅基地制度改革进行研究,完善并推动宅基地三权分置的有效实现。【方法/过程】通过对宅基地三权分置改革的制度解读和利弊分析,指出宅基地三权分置对构建生态宜居的乡村环境、产业振兴、拓宽资金筹措渠道及解决流动人口居住问题具有一定的正面作用,但同时也会产生农民生计可持续问题、宅基地管理与寻租问题及宅基地权利主体收益分配问题。【结果/结论】建议完善农村社会保障体系来弱化农民对宅基地保障功能的依赖,对各个地区进行制度改革的可行性评估,做好相关配套措施和制度修订的跟进,正视宅基地三权分置带来的利弊,稳步推行土地制度改革。

     

    Abstract: 【Objective/Meaning】At present, the separation of homesteads' three rights, namely ownership right, contract right and management right, was still in the local pilot stage, and the complete theoretical system and practical method have not yet been formed. So, the research on the reform of homestead system could improve and promote the effective realization of the separation of homesteads' three rights. 【Methods/Procedures】Through the institutional interpretation and the analysis of advantages and disadvantages on the reform of the separation of homesteads' three rights, it was pointed out that the separation of homesteads' three rights had certain positive effect on the construction of ecological livable rural environment, industrial revitalization, broadening financing channels and solving the housing problem of floating population. But at the same time, it would also produce some problems such as the sustainable livelihood of farmers, homestead management and rent-seeking, and the income distribution of homestead rights subject. 【Results/Conclusions】It was suggested to improve the rural social security system to weaken farmers' dependence on the security function of homestead, evaluate the feasibility of system reform in various areas, follow up the relevant supporting measures and system revision, face up to the advantages and disadvantages brought by the separation of homesteads' three rights, and steadily implement the reform of land system.

     

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