农村宅基地制度改革:实践逻辑与政策取向——基于我国70多年来政策文本的理论解读

Reform of Rural Homestead System: Practical Logic and Policy Orientation——Based on the Theoretical Interpretation of China′s Policy Texts in Recent 70 Years

宅基地“三权分置”改革是推动城乡要素双向流动、满足农村新产业新业态发展用地要求和新时代农村土地制度改革的重要内容。系统梳理中华人民共和国成立70多年来党中央、国务院和国家相关部委出台的政策文本,可以发现我国有关农村宅基地的正式制度安排经历了由农户私人所有到确立农村集体所有制、由制度体系不断完善到进一步赋能扩权的制度变迁历程。2015年以来国务院授权相关县区有限范围内的审慎试点,为宅基地“三权分置”改革的具体实现途径提供了重要经验和借鉴样本。始于2020年底的新一轮宅基地“三权分置”改革试点,需要在进一步落实国家层面政策举措的基础上,锚定宅基地产权权能受限、建设用地交易市场建立困难、用途转换刚性约束较多、宅基地流转盘活区域差异显著等特征性事实,从宅基地审批管理、有偿使用、流转退出、收益关系调整等不同环节入手,确保农村宅基地集体所有制更加健全、农民土地权益更有保障、闲置宅基地盘活利用更加有效、集体土地管理制度更加规范。

The "separation of three rights" reform of rural homestead is an important content to promote the two-way flow of urban and rural factors, to meet the land requirements for the development of new industries and new businesses in rural areas, and to reform the rural land system in the new era. Through combing the policy texts issued by the CPC Central Committee, the State Council, and relevant national ministries and commissions over the past 70 years since founding of The People′s Republic of China, it can be found that the formal institutional arrangement of rural homestead in China has experienced a developing process from the private ownership of farmers to the establishment of collective ownership of rural villages, from continuous improvement of the institutional system to further empowerment and power expansion. Since 2015, the State Council has authorized relevant counties and districts to conduct pilot projects within a limited range, which has provided important experience and reference samples for the specific realization of the "separation of three rights" reform of rural homestead. The new round of the reform, which began at the end of 2020, needs to anchor the characteristic facts such as limited homestead rights and functions, difficulties in establishing the construction land trading market, rigid constraints on use conversion, and significant regional differences in homestead circulation on the basis of further implementing national-level policies and measures. Starting from homestead approval management, distribution and use, circulation and exit, adjustment of income relations and other different links, the reform is conducted to ensure that the collective ownership of rural homestead is more sound, the farmers′ land rights and interests are more guaranteed, the reuse of idle homestead sites is more effective, and the collective land management system is more standardized.