论宅基地使用权流转的宪法保护

On the Consititution Protection of the Usufruct of Housing Land’s Circulation

宅基地使用权属于农民的私有财产,我国宪法保护公民私有财产权与现行法律限制公民自由处分宅基地使用权的规定相矛盾,也不利于我国经济建设大局和人民居住条件的改善。我国应该完善宪法对这种私有财产权的保护,使得法律限制财产自由更加符合社会公共利益。

The usufruct of housing land is the private property of the peasants. There＇ s a conflict between the right of private ownership which is protected by China＇ s Constitution and the regulation of present law that confines the free disposal of the circulation of the usufruct of housing land. This reality not only restricts economic development, but also prevents citizen＇ s housing condition from getting improved. We should improve the protection of Constitution on this issue, so as to make the regulation of law on the freedom of property fits public interest.