农村房地产法规体系框架构建研究

The Research on Constructing the Framework of the Real Property Law System of the Rural Area

我国农村房地产法规建设的立法建议,多倾向于修订现有的用于规范城市房地产的法律规范,而对于城乡二元分割格局下单独的农村房地产法律体系构建这一论题却很少论及,尤其是体系性构建研究欠缺。我国房地产法研究应针对农村房地产市场化面临的现实难题和立法缺陷,特别突出强调农村房地产法的特色和其目前的弱势地位,构建由农村建设用地规划法、农村建设用地流转法、农村房地产管理法等主干法律组成的农村房地产法律体系,并在现行法律中增加保护农民财产性私法权的内容。农村房地产法律体系化研究不是分割城乡房地产市场,相反,其目的是促进城乡房地产市场一体化建设。

The legislative suggestion of establishing the Real Property Law and Regulation in rural area is more often made to revise the existing law and regulations which aims to standardize the Real Property Law in urban area. However, the topic of constructing the real property law system of the rural area under urban-rural dual structure is lessly mentioned, especially, the systematic construction of its framework. Facing the present difficulties and legislative defects in the marketization of the real property in rural area, it is necessary to emphasize the characteristics and the current vulnerable positions of the Real Property Law of the rural area in order to establish a real property law system in rural area, which may mainly consists of the Law on the Planning of the Construction Land, the Law on the Transference of the Construction Land and the Law on the Real Estate Administration. Meanwhile, relevant clauses should be added to protect the private property rights of the farmers.All in all, instead of segmenting the urban-rural real estate market, the study of the legal system of the real property in the rural area is for the purpose of facilitate the integration of the urban-rural real estate development.