农村宅基地三权分置改革进路分析

Analysis of Rural Homestead Three Rights Separation Reform Approach

我国农村宅基地闲置问题日益突出,三权分置改革背景下,选择宅基地使用权流转的具体方案成为问题焦点。建设用地使用权说。地役权说,租赁权说均有合理性,也存在缺陷,受制于我国经济发展差异性,城乡发展不平衡的特点,出台统一政策立法时机尚不成熟,可适当放权乡村,在法律保留范围内因地制宜,探索实践。

In the background of the reform of the separation of the three rights,the specific scheme to choose the transfer of the right to use the homestead has become the focus of the problem.The theories of construction land use right,easement and leasehold are reasonable,but also have defects.On the account of Chinese urban and rural economic development differences and imbalance,it is inappropriate for the promulgation of unified policies and legislation.It is appropriate to delegate power to rural areas and explore and practice in accordance with local conditions within the scope of legal reservation.