宅基地是国家无偿给予农村居民用于建造住宅的土地,其所有权仍然归农村集体经济组织所有,农村居民仅对其拥有使用权。由于其十分明显的社会保障性质,为了显示公平,同时保证国家对于土地的所有权不至于大面积流失于个人,相关法律法规对其流转进行了十分严格的限制。例如严格实行“一户一宅”、已经申请宅基地后出租出让的不得再申请等。然而,随着当前我国经济的飞速发展,农村经济也不断发展,城乡一体化节奏不断加快,城市与农村之间的界限不再那么分明,农村居民与城市居民之间的互动交流也越来越频繁,当前法律法规是否与现实状况相契合,是否应该允许宅基地进入市场实现自由流转,成为我们不得不认真进行思考的一个现实问题。 Homestead is the land that the state grants to rural residents for building houses. Its ownership is still owned by rural collective economic organizations, and rural residents have the right to use them only. Due to its obvious social security nature, in order to show fairness and at the same time to ensure that state ownership of the land will not be lost to individuals in large areas, the relevant laws and regulations have imposed very strict restrictions on their circulation. For example, the strict implementation of “one house one house,” has been applied for rental homes after the land can not apply for such. However, with the rapid economic development in our country, the rural economy has also developed continuously, the pace of urban-rural integration has been accelerating, the boundaries between urban and rural areas have become less clear, and the interaction between rural residents and urban residents has become more and more frequent Frequently, whether current laws and regulations are in conformity with the actual conditions and whether the housing sites should be allowed to enter the market for free circulation have become a real problem that we have to seriously think about.