农村宅基地资格权研究进展与启示

Research Progress and Enlightenment on Qualification Right of Rural Homestead

  • 摘要: 【目的/意义】农村宅基地资格权是落实宅基地“三权分置”改革的重要组成部分,系统梳理相关研究文献,可以为我国农村宅基地制度改革提供思路。【方法/过程】从农村宅基地资格权的内涵、资格主体、资格权实现形式、与宅基地退出关系、与土地承包权关系5个方面进行梳理。【结果/结论】结果显示,农村宅基地资格权是一种集身份性、财产性一体的复合型权利。对于资格权主体认定应确定到“人”,以“户”控制。不同地区应当采用传统宅基地分配型、住有所居型、货币补偿型差异化实现方式落实资格权。最后提出完善农户资格权政策建议,即:明确资格权主体地位,多用途拓展实现形式,创新制定宅基地资格权退出模式。

     

    Abstract: 【Objective/Meaning】 The qualification right of rural homestead is an important part of the reform of“separating rural land ownership rights,contract rights,and management rights”of residence land. The relevant research literature were systematically reviewed in this paper,which would provide ideas for the reform of rural homestead system in China.【Methods/Procedures】The literature review included five aspects: the connotation of the qualification right of rural homestead,the subject of qualification,the implementation form of qualification right,the relationship with rural homestead withdraw,and the relationship with land contract right. 【Results/Conclusions】 It was considered that the qualification right of rural homestead was compound right combining the identity with the property attribute. The subject of qualification right should be determined as“person”and controlled by“household”. Different regions should choose the appropriate implementation forms including the traditional welfare distribution of homestead,the affordable housing and the monetary compensation to implement the qualification right. And it would help to implement the qualification right by absorbing the beneficial experience of land contract right reform. Based on the above analysis,the countermeasures for improving the qualification rights of farmers were put forward including clarifying the principal status of qualification rights,expanding the multiple implementation forms,innovating and formulating the withdrawal mode of the qualification right of rural homestead,etc.

     

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