农村宅基地的私权流动与保护

2007年10月生效的《物权法》将宅基地使用权性质定为用益物权,然而对宅基地上私权流动问题未予回答,为实务中的理解和适用制造了混乱,更不利于农民利益的保护。对宅基地进行登记并重新界定房地关系,力求平衡宅基地使用权和所有权人的利益,确保相关法律的规定和现实产生的冲突得以缓解,从而完善宅基地上私权流动的方式和方法,最终保护农民的合法权益,实现利益共享。

Flow and Protection of Private Rights of Rural Housing Land

The property law, which came into effect in October 2007, defines housing land use right as usufructuary right, while it does not give answer for the issue of flow of private rights of housing land, which creates confusion for practical understanding and application and is not conducive to the protection of the interests of farmers. Registration of housing land and redefinition of the relationship between a house and its housing land aims to give a balance of interests between the two sides, i.e. the person who has housing land use right and the one who is the owner, and ensure the conflict between the relevant provisions of the law and the reality can be alleviated so as to improve the ways and means of private right flow, protect the legitimate rights and interests of farmers finally and achieve shared interests