农村宅基地使用权流转的现实困难与制度重构

Real Difficulties and System Reconstruction on Transferring Rights of Rural Base Utilization

我国城乡二元土地法律制度对农村宅基地使用权流转的限制与其现实困境,需要对相关法律进行修改或调整,明晰农村宅基地用益物权的地位,明确流转的收益分配,逐步建立城乡互补的社会保障机制。

Due to the restrictions of transferring rights of rural base utilization in the legal system of land of dual structure of urban and rural areas,as well as its real difficulties,this paper argues that relevant laws need to be modified or adjusted;the status of usufructuary right of rural homestead should be made clear;the transfer of the income distribution should be defined;and a social security mechanism that urban and rural areas can be complementary each other must be gradually established.