农村宅基地流转中存在的问题与完善对策——以攸县农村宅基地流转的实地调查为例

通过结合攸县农村宅基地流转的相关调查与实际概况分析,宅基地流转方式分为出租、出售、征地置换三种。由于农村宅基地流转具有特殊性,使农村宅基地流转中存在许多问题,如流转缺乏合理的资源配置,缺乏合乎需求的法律支撑,缺乏明确的法律途径纠纷解决机制,流转缺乏灵活的宅基地利用方式以及切实可行的管理体制等。因此,必须以＂地尽其用＂作为基本出发点和总体思路,完善我国农村宅基地的流转法律制度。

Problems and Countermeasures of the Circulation on Rural House Sites Based on the Field Survey of the Rural House Sites in You County

Combining the related investigations with actual situation of rural housing land transition in You County （in Zhuzhou, Hunan province）, there are three kinds of means in rural housing land transition, including lease, sale, land acquisition and replacement. The transition of rural housing land has its own particularities. It covers barter prevailed; the purpose of rural housing land transition mainly lies in commercial operation along the highway, and the secondary use is for habitancy; internal closure properties of rural housing land transition. The problems that existing in rural housing land transition, including the lack of a rational allocation of resources, a legal support of meeting demand, a clear legal approach of dispute resolution, a flexible means of rural housing land use, a sensible and feasible management system. Therefore, we must regard the ＂best use of rural housing land＂ as a basic starting point and general idea on perfecting the legal system of rural housing land transition in China.