总体上说,《物权法》对土地权利特别是农村土地权利问题解决得不够理想,特别是关于土地抵押、建设用地使用权、农村宅基地的规定尚未取得根本突破。目前,推进上述问题的改革的条件已基本具备,改革时机已日趋成熟。应当考虑有条件放开土地承包经营权的抵押,探索集体建设用地和宅基地进入市场流转的方式。政府对于农村土地的管理主要应当集中于两个方面,一是土地产权保护,二是土地规划用途管制。
<<There are in-depth reasons for the fact that the Real Right Law of the People’s Republic of China(“Real Right Law”)fails to solve the problem of rural land right issues ideally and policymakers’ anxieties and worries are well grounded and should be fully understood.However,we should also know that conditions for advancing the above reform are basically available and the opportunity for carrying it out is increasingly mature.Mortgage of contractual land right should be allowed.Farmer’s requirements amount to allowing collective construction land to enter the market.The rural house site market plays a very active role in satisfying the needs of various strata.But as the market is not under the protection of law,it’s very difficult to deal with disputes once they arise.Opening the rural house site market is already inevitable.Only after the huge management loophole is filled can the phenomenon of occupying cultivation land randomly be eliminated practically.
<<Keywords: | ChinaLand RightsProperty Law |