深化农村宅基地制度改革赋予农户用益物权

Deepening Reform of Rural Curtilage System by Giving Its Usage Right to Peasants

改革开放40年来,我国农民与土地关系发生历史性变化。根据用益物权法,用益物权人对他人(集体)所有的土地,依法享有占有、使用和收益的权利。用益物权是对所有权的部分权能重新组合形成的权利,体现了所有权和其他权能的分离。承包地所有权、承包权和经营权分置,不仅充分调动亿万农民群众积极性,还为土地经营权流转、发展适度规模经营奠定制度基础。农村宅基地制度改革遵循提高利用率和增加农民财产性收入的原则,依据用益物权法规定,实现所有权、资格权和使用权分置,增强使用权流动性,探索农民住房财产权抵押、担保、转让的有效途径,实现发展农村要素市场与完善产权制度有机结合。

Over 40 years since the reform and opening up, there had been historical changes in the relationship between peasants and the land. Based on the usage right law, the peasants who own the usage right enjoy legally the rights of occupying, usage and returns on the land owned by others (the collectives). The usage right was a right derived from some part of land ownership rights other than the land ownership right itself. The separation of land ownership right, the right of the contracted land and the right of using the land generates tremendous enthusiasm among peasants, but more importantly provided an institutional foundation for the transfer of usage right of the land so that the development of scale economy was possible. The reform of rural curtilage followed the principal of improvement of productivity and increase of peasants' returns from property. It was a way to separate land ownership right and the right of using the land, which strengthens the transferability of land and led to the possibility of using peasants property for collateral, guarantee and transfer. The reform will eventually help develop rural factor markets and lead to perfection of ownership right reform.