农村宅基地使用权有偿转让制度探析——对现行《物权法》第十三章规定的思考

A Study on the Pilot Transfer System of the Right to the Use of Rural Residence Base

宅基地使用权是我国所特有的一种用益物权形态。我国现行法律法规包括新颁布的《物权法》对农村宅基地使用权实行转让限制,在实际生活中引发诸多问题。在经济发达区农村和市郊农村先行试点推行有偿转让制度,完善相关配套措施,是解决农村宅基地使用权转让问题的有效举措。

The right to the use of residence base is a unique kind of usufructuary rights in our country. It had brought about a number of problems in real life for the transferation restriction to the right to the use of rural residence base by the existing laws and regulations including the Real Rights law promulgated newly. Putting the pilot transfer system into effect firstly in developed economies in rural and suburban areas to rural as well as improving relevant supporting measures is an effective measure to solve the problem of transferring the right to the use of rural residence base.