“三权分置”下宅基地集体所有权管理权能的构造与实现  

The Construction and Implementation of Collective Ownership Management Power of Residential Land under the“Three Rights Separation”

作　　者：管洪彦 GUAN Hong-yan

机构地区：[1]吉林大学理论法学研究中心、法学院

出　　处：《当代法学》2024年第4期74-85,共12页Contemporary Law Review

基　　金：国家社会科学基金一般项目“‘落实集体所有权’的私法逻辑与实现路径研究”(22BFX074)的阶段性研究成果。

摘　　要：改革开放以来的宅基地制度呈现出强化农户宅基地用益物权,弱化农民集体所有权的态势。在宅基地“三权分置”改革背景下,应当进一步强化宅基地所有权的管理权能。宅基地所有权的管理权能是落实和反映宅基地集体所有权本质属性的应有权能,也是制衡其他主体有序利用宅基地的制度安排。宅基地集体所有权管理权能的双重主体结构和复合构造有助于促进宅基地集体所有权管理权能的实现。宅基地集体所有权的管理权能可以细化为规划、分配、决议、收回、监督等具体权能,并通过具体权能的行使落实宅基地集体所有权。Since the reform and opening up,China has adopted a tilted institutional design that strengthens the self beneficial rights of farmers and weakens the collective management rights,resulting in many problems.In the context of the"separation of three rights"reform of homestead land,collective ownership of homestead land faces the risk of multiple erosion by the use rights of farmers and other social entities.The reform goal should be achieved by optimizing and improving the power and exercise mechanism of collective ownership of homestead land.The legislative system design and normative expression in the field of rural collective economic organizations and homestead management,which are actively being promoted,have strengthened the management power of collective ownership of homesteads.The management power of collective ownership of homestead land refers to the disposal arrangement made by the homestead owner for the occupation,use,income,and disposal of the homestead land.It can be refined into a series of specific powers,forming a multi-level and rich power system.The management power of collective ownership of homesteads is a reflection of the essence of collective ownership of homesteads,which is essentially a management power in private law.The management power of collective ownership of homesteads has multiple functions,such as overcoming the virtualization of collective ownership,implementing collective ownership of homesteads,and restraining other social entities from abusing their rights.The management right of collective ownership of homesteads can also directly constrain the usufructuary rights of farmers and the use rights of other subjects,bridge the drawbacks of the long chain of rights on homesteads,and thus help to form a balanced structure of the rights system on homesteads.The clear construction of the subject structure for the management of collective ownership of homesteads aims to solve the problem of the virtualization of collective ownership of homesteads by clarifying the ownership and exerc

关 键 词：“三权分置” 宅基地集体所有权 管理权能 用益物权 

分 类 号：D923.2[政治法律—民商法学] D922.3[政治法律—法学]