宅基地有偿使用制度探索:问题、挑战与应对

Exploration of the Paid Use System of Homestead Land:Problems,Challenges,and Responses

始于1988年在山东德州等地开展的宅基地有偿使用制度试点,1993年被全面取消;2015年首轮农村宅基地制度改革试点再次被提上日程。2020年新一轮宅改试点方案启动后,各试点地区采取稳慎态度稳妥推进,取得初步成效的同时,也暴露出一些共性问题,包括有偿使用收费范围扩大化、收费对象瞄准错位化、收费标准存在一定的随意性、收费起征点“一刀切”等。究其原因,既有对宅基地有偿使用的性质和法理依据的认识不清,也有对宅基地政策变迁的历史节点把握不准,以及基础性工作不扎实、不到位。未来应顺应城镇化、非农化不可逆转的态势及建立健全城乡融合发展体制机制的内在要求,强化有利于增进最广大农民利益的指导思想,强化有利于构建城乡住房保障一体化体系的顶层设计,将有偿使用的重点瞄准非农经营性宅基地和一些发达地区新增宅基地的分配,有偿使用的标准应坚持于法有据,分区域、分人群稳步推进。

Since the reform and opening up,the paid-use system of rural homesteads began as a pilot project in Dezhou and other areas of Shandong Province in 1988.After it was completely canceled in 1993,it was not until 2015 that the country launched a new round of rural homestead system reform pilot projects,which were brought back to the agenda.After the launch of the new round of the housing reform pilot program in 2020,various pilot areas have adopted a stable review attitude and steadily promoted it,achieving initial results.At the same time,some common problems and practical challenges have been exposed,including simplification of paid use standards,expansion of object scope,simplification of object targeting,lack of a reasonable reference mechanism for fees,and a"one size fits all"charging threshold.The reasons for this are not only an unclear understanding of the nature and legal basis of paid use of homesteads,but also an inaccurate grasp of the historical nodes of policy changes on homesteads,and inadequate and inadequate basic work.In the future,we should comply with the irreversible trend of urbanization and non-agriculturalization and the inherent requirements of establishing a sound urban-rural integration development system and mechanism,strengthen the guiding ideology that is conducive to promoting the interests of the broadest number of farmers,strengthen the top-level design that is conducive to building an integrated urban-rural housing security system,and focus on the distribution of non-agricultural operating homesteads and newly added homesteads in some developed areas for paid use.The standards for paid use should be based on legal evidence,and steadily promoted by region and population.