“三权分置”背景下宅基地资格权现状、困惑及其实现路径

Current Situation,Confusion and Realization Path of Homestead Qualification Right under Background of“Three Rights Separation”

探索了各地区宅基地资格权在改革过程中的具体情况和实践模式,虽取得一定成效但还存在法律性质和主体认定较模糊、资格权主体认定标准不统一、资格权权能不合理和登记制度缺失等问题。鉴于此,提出了应将宅基地资格权的法律性质认定为成员权、根据成员权属性特征认定该权利主体为村集体经济组织成员并确定成员资格标准、创设资格权制度及利用互联网技术构建宅基地资格权服务平台来完善资格权的登记制度等实现路径,以确保落实宅基地资格权,有效推进乡村振兴战略的实施和“三权分置”的改革。

Various practical modes of various regions have been explored in the process of the reform of homestead qualification right according to their situations.Although certain success has been achieved,it was found that the legal nature and subject identification of homestead qualification right were vague.The standards of subject identification of qualification right were not uniform,and the qualification right was unreasonable.The registration system was missing.In view of this,we put forward that the legal nature of homestead qualification right should be identified as membership right,and the right subject should be identified as a member of village collective economic organization according to the attribute characteristics of membership right.The membership standard should be determined.In addition,the qualification right system should be created,and the service platform of homestead qualification right should be constructed by internet technology to improve the registration system of qualification right,in order to ensure the implementation of the homestead qualification right,effectively promote the implementation of the rural revitalization strategy and“Three Rights Separation”.