宅基地涉老问题探析

Analysis on the Problems of Rural Residential Land Involving the Elderly

宅基地是农村老人的重要生活资料,使用权放活后又可能成为最主要的生产资料。在老龄化日益加剧、农村养老问题比城市更加严峻的大背景下,很有必要探讨改革中宅基地涉老的相关问题,一为农村老人的养老保障有效,二为农村老人的养老质量提升,三为城市老人回归乡村养老梦想的实现,四为积极应对全域老龄化。为此,需要梳理涉老宅基地使用权关联的主要法律问题,明晰宅基地管理的原则规定及授权试点的政策精神,总结改革试点地区对涉老宅基地的创新做法,提出完善相关制度的建议。要牢固树立居住权益保障优先于经济发展的价值理念和老人居住权益不容侵犯的法治理念,切实为农村老人颐养天年而出台宅基地利用政策和修改相关法律。

Rural residential land is an important means of livelihood for the elderly in rural areas,and it may become the most important means of production after the right of use is delegated.Under the background of increasingly aging population and the pension problems in rural areas are more serious than the situation in cities,it is very necessary to discuss the problems of the reform of rural residential land involving the elderly.The purposes are as follows:Firstly,the old-age security for the rural elderly is effective;Secondly,the quality of supporting the elderly in rural areas is improved;Thirdly,the dream of urban elderly returning to rural areas is implemented;Fourthly,the aging of the whole region is actively dealt with.Therefore,it is required to sort out the main legal problems related to the right of use the rural residential land involving the elderly,clarify the principles and regulations of the management of rural residential land and the policy spirit of the authorized pilot project,summarize the innovations of the reform pilot area for the rural residential land involving the elderly,and then put forward the suggestions for perfecting the relevant system.We should firmly establish the value concept that the protection of residential rights and interests is prior to economic development and the legal concept that the residential rights and interests of the elderly shall not be infringed.In order to let the elderly in rural area enjoy their years,we should effectively issue policies on the utilization of rural residential land and revise the relevant laws.