农民住房财产权法律制度研究
发布时间：2018-11-15 11:11
【摘要】：农民住房财产权是经济法研究的重点课题之一,该财产权没有被法律赋予与城镇房屋产权同等的价值,这在立法、司法、学术领域都引起了极大的争议。在党的十七大报告中首次提出“创造条件让更多农民获得财产性收入”,同时在最近召开的十八届三中全会上又提出了“慎重稳妥推进农民住房财产权抵押担保转让”,从而“赋予农民更多财产性权利”。然而,这仅仅是在政策上对农民住房流转有所放松,而关于农民住房财产权的相关法律尚未成形,且现行有关法律似与之有所相悖。完善农民住房财产权法律制度有利于我国顺应法制建设的潮流,符合城乡统筹发展的现实,构建农村住房财产权的法律体系,制定一套行之有效的农村住房财产权制度,也有利于我国特色社会主义法治道路和城乡统筹发展。笔者在认真研读现行法律的基础上,采取多学科交叉研究和实证研究方法对农民住房财产权的内涵、外延进行了法理分析,对住房财产权现状进行了梳理,对农民住房财产权中重要组成部分---宅基地的流转进行了必要性和合理性的分析,并针对农民住房法律制度现状分别从权属管理、法律法规、政策导向、社保体系四个角度提出了完善农民住房财产权法律制度的对策,试图对完善农民住房财产权的法律制度提供选择方案,以期对其有所贡献。
[Abstract]:The farmer's housing property right is one of the key topics in the economic law research. The property right has not been given the same value as the urban house property right by law, which has caused great controversy in the field of legislation, judicature and academic field. In the report of the 17th National Congress of the CPC, it was proposed for the first time "to create conditions for more farmers to obtain property income." at the recent third Plenary session of the 18th CPC Central Committee, they also proposed "prudently and steadily promoting the mortgage guarantee transfer of peasants' housing property rights." Thus, "give farmers more property rights." However, this is only a policy to relax the circulation of farmers' housing, and the relevant laws on the farmers' housing property rights have not yet taken shape, and the existing laws seem to be contrary to them. Perfecting the legal system of farmers' housing property rights is helpful for our country to conform to the trend of legal construction, conform to the reality of the overall development of urban and rural areas, construct the legal system of rural housing property rights, and formulate a set of effective rural housing property rights system. Also conducive to socialist rule of law with Chinese characteristics and urban and rural development as a whole. On the basis of studying the current law, the author analyzes the connotation and extension of the farmer's housing property right by means of multi-disciplinary cross-research and empirical research, and combs the present situation of the housing property right. This paper analyzes the necessity and rationality of the circulation of the homestead, which is an important part of the farmer's housing property right, and aims at the present situation of the legal system of the farmer's housing from the ownership management, the laws and regulations, the policy direction, respectively. This paper puts forward the countermeasures of perfecting the legal system of peasants' housing property right from four angles of social security system, and tries to provide the alternative scheme for perfecting the legal system of peasants' housing property right, in order to contribute to it.
【学位授予单位】：长安大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
本文编号：2333149
[Abstract]:The farmer's housing property right is one of the key topics in the economic law research. The property right has not been given the same value as the urban house property right by law, which has caused great controversy in the field of legislation, judicature and academic field. In the report of the 17th National Congress of the CPC, it was proposed for the first time "to create conditions for more farmers to obtain property income." at the recent third Plenary session of the 18th CPC Central Committee, they also proposed "prudently and steadily promoting the mortgage guarantee transfer of peasants' housing property rights." Thus, "give farmers more property rights." However, this is only a policy to relax the circulation of farmers' housing, and the relevant laws on the farmers' housing property rights have not yet taken shape, and the existing laws seem to be contrary to them. Perfecting the legal system of farmers' housing property rights is helpful for our country to conform to the trend of legal construction, conform to the reality of the overall development of urban and rural areas, construct the legal system of rural housing property rights, and formulate a set of effective rural housing property rights system. Also conducive to socialist rule of law with Chinese characteristics and urban and rural development as a whole. On the basis of studying the current law, the author analyzes the connotation and extension of the farmer's housing property right by means of multi-disciplinary cross-research and empirical research, and combs the present situation of the housing property right. This paper analyzes the necessity and rationality of the circulation of the homestead, which is an important part of the farmer's housing property right, and aims at the present situation of the legal system of the farmer's housing from the ownership management, the laws and regulations, the policy direction, respectively. This paper puts forward the countermeasures of perfecting the legal system of peasants' housing property right from four angles of social security system, and tries to provide the alternative scheme for perfecting the legal system of peasants' housing property right, in order to contribute to it.
【学位授予单位】：长安大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.29
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