“适度放活”视阈下宅基地使用权流转的理路探索与制度重构

Theoretical path exploration and system reconstruction on the use right of the homestead transfer from the perspective of“moderately releasing”

宅基地使用权流转不仅关涉亿万农民的切实利益,而且关系乡村振兴的顺利实施、城乡融合发展的有效推进。“三权分置”构想的提出、“适度放活”方略的明确为宅基地使用权流转提供了方向指引,新型有限流转方案应当是立足现实、着眼未来的当然之选。重构现行制度以实现宅基地使用权有限流转,前提在于妥适界定使用权继受人资格,核心在于建立有偿有期限使用规则,关键在于进行流转收益的合理分配,并应实行宅基地用途的严格管制。

The use right of homestead transferring was not only concerned with millions of farmers’vital interests,but also directly affected the full implementation of Rural Revitalization Strategy and the integration of urban and rural areas.The proposal of Separation of Three Rights and the determination of moderately releasing provided with directions and guidelines to the use right of the homestead.The novel restricting transfer plan should be chosen basing on reality and looking to the future.In order to realize the use right of homestead transfer,the premises of the reconstruction of the current system were placed in the proper definition of successor qualification,the core in the construction of paid and limited use rule,the key in fair and reasonable distribution of benefits,as well as strict control of homestead use should be carried out.