论农村宅基地使用权退出制度的完善

Study on the Legal Issues of the Withdrawal of the Right to Use Rural Residential Land

"宅基地退出"不是严格的法律概念,其实质是"宅基地使用权退出",属于物权变动的范畴。目前对宅基地使用权退出的法律规定基本上还是空白,各地方的实践主要以政府推动、行政行为为主,农村集体和集体成员的主体地位没有得到体现,土地权利没有保障,宅基地使用权退出的性质不清、程序不明确、补偿不合理,应在明确其民事法律关系性质的基础上合理确定宅基地使用权退出的事由与方式,并对宅基地使用权退出进行适当的规制与扶持。

The purpose of the paper is to discuss the law connotation and the nature of withdrawal mechanism of rural residential land use right and to propose to improve the existing withdrawal mechanism of rural residential land use right. The methods of writing this paper are literature research method and comprehensive analysis method. The findings of the paper are that the withdrawal of rural residential land is not strictly a legal concept, the essence of which is the withdrawal of the use right of the rural residential land. Currently, the legal regulations of rural residential land use right are still blank. The practice of various places depends mainly on the promotion by the local government and administrative act, and the positions of rural communities and members of rural communities are not reflected. The land rights are not guaranteed. Due to the unclearness of the nature and the process of the withdrawal of the rural residential land use right and the unreasonableness of the compensation, the withdrawal mechanism should be greatly improved. The conclusion of this paper is that the withdrawal of rural residential land use right should be considered as the alternation of real rights. The reasons and methods for the withdrawal of the rural residential land use right should be reasonably determined by the nature of the civil relationships of the withdrawal. Moreover, the withdrawal mechanism of rural residential land use right should be properly regulated and supported.