论农村宅基地使用权房屋的民事执行

On the Civil Execution of the Right to the Use of Rural Homestead Buildings

宅基地是指将农村集体土地资产划归个人占有使用的部分,专门用于农村居民住宅。宅基地是农村居民重要的生活资料,具有不可或缺的功能与作用。随着市场经济在农村地区的发展,商品交易日益活跃,由此在村民相互之间或者与城镇居民之间产生的经济纠纷也日益增多。法院在经济纠纷的执行过程中,会遇到农民作为被执行人无其他可执行财产,仅有农村宅基地的使用权或建设在宅基地上的房屋建筑。由于宅基地及其建筑的特殊性,法院在能否执行及具体执行方法上需要深入思考。理论上由于其使用权属于流通标的物,因此可以转让给权利人以维护合法权利。但是,实践中发现我国政策与法律之间存在相互矛盾的情况,法院在执行工作中处于两难局面。不处理,对申请执行人来说不公,进行处理,就可能导致被执行人的利益失去保障并可能触及法律。

Homestead refers to the part of rural collective land assets classified as personal possession, which is specially used in rural residential buildings. Homestead is an important means of living for rural residents, with indispensable functions and functions. With the development of market economy in rural areas, commodity trade is becoming more and more active, and the economic disputes between villagers and urban residents are also increasing day by day. In the execution of economic disputes, the court will encounter the peasants as executors who have no other executable property,only the right to use the rural homestead or the houses built on the homestead. Because of the particularity of homestead and its building, the court should think deeply about whether it can execute and how to execute it. Theoretically, because the right to use belongs to the subject matter of circulation, it can be transferred to the right holder to safeguard the legal right. However, it is found in practice that there are contradictions between policy and law in our country, and the court is in a dilemma in its execution. Failure to deal with the application is unfair to the executor, which may lead to the loss of protection of the interest of the person concerned and the possibility of touching the law.