新农村建设视野下宅基地使用权流转的困境与出路——由画家村案引发的思考

Obstacles and Ways of Right of Applying Residence Land in the Perspective of the New Rural Construction

摘要: 针对长期以来我国法律限制宅基地使用权自由流转的问题进行了研究。指出司法实务常将市民购买农宅的合同认定为无效。认为宅基地作为农民安身立命之所和主要财富,应当允许宅基地使用权自由流转,以充分发挥农村房屋效用,实现城乡一体发展。

Abstract: Residence land is the place where the farmers live and it is their important property. But the right of applying residence land does not permit the free transfer of the land according to legislation concerned. In practice, the sale contract between urban residents and farmers is often considered as illegal. In order to develop the utility of rural houses and realize the harmonious development of urban and rural areas, the right of applying residence land should permit the free transfer of the land.