一户一居:中国农民居住保障补充规范

One Residence for One Household:Supplementary Standard for Rural Housing Security in China

研究目的:解释并定位《土地管理法》第62条第2款新设的一户一居规则。研究方法:规范解释、文本分析、规则比较等。研究结果:一户一居是农村村民一户拥有一处法定面积的居住空间的保障制度,是政府组织农民集体盘活利用存量宅基地、统一修建住宅并分配给农户的行为规范。一户一居开创了宅基地置换资产、宅基地集体统一利用、居住保障资产与经营性资产相分离、人均公平分配等农民居住保障的新制度和新观念。与《土地管理法》第62条第1款一户一宅规则下的宅基地实物分配不同,一户一居通过存量宅基地的资产化改造和居住保障权益的重新分配实现农民户有所居。研究结论:一户一居适用于无地可分的城中村和城郊村,受地方政府和农民集体财力以及当地市场需求的约束,是一户一宅的补充。

The purpose of this paper was to explain and locate the new rule of one residence for one household in paragraph 2 of Article 62 in Land Management Law.The research methods include normative interpretation,text analysis,rule comparison and so on.The research results show that one residence for one household is the guarantee system of a legal living space for each household in rural areas,and it is a code of conduct for the government to organize farmers to make good use of the extant rural residential land as well as to build houses uniformly and distribute to farmers.One residence for one household has created new systems and concepts of rural housing security,such as the asset replacement of rural residential land,the unified utilization of collectively rural residential land,the separation of residential security assets from operational assets,and the fairness of per capita distribution.Different from the physical distribution of rural residential land under the rule of one house for one household in paragraph 1 of Article 62 of Land Management Law,one residence for one household can be realized through the capitalist transformation of the extant rural residential land and the reallocation of housing security rights and interests.In conclusion,one residence for one household is suitable for one urban villages and suburban villages without land to conduct further allocation.It is a supplement to one house for one household,subject to the constraints of local government and farmers'collective financial resources and local market demand.