论农民进城落户后集体土地“三权”退出

支持引导进城落户农民自愿有偿退出土地承包(经营)权、宅基地使用权和集体土地股权的政策表达与法律规定,尚存农民进城落户后应否以及何时丧失集体成员资格规则不明、丧失集体成员资格前支持引导退出规则不足、丧失集体成员资格后不自愿退出的应对之策缺失、大量农民进城落户且丧失集体成员资格后集体土地所有权归属之惑等问题。在承包地"三权分置"、宅基地"三权分置"与集体产权制度改革中,宜通过健全集体成员资格丧失标准和程序、完善集体土地"三权"之(最先)优先受让权与土地承包经营权和宅基地使用权之股权化方案、借助土地经营权和使用权乃至非本集体成员继承股权之类别股设计、大量农民进城落户且丧失集体成员资格后集体土地适时国有化等方法,化解上述问题。

On the Withdrawal of the‘Three Rights’of Collective Land after the Peasants Settled in the City

Policy expression and legal provisions about supporting and guiding peasants to voluntarily withdraw from land contractual(management)rights,rights to use homestead and collective land equity with compensation after settling in cities,still have some problems that the rule of whether and when the peasants should lose their collective membership after they settled in cities is unclear;the rule of supporting and guiding peasants to withdraw before they lose their collective membership is inadequate;the countermeasure that peasants will not voluntarily withdraw after losing their collective membership is lacking;the determination of the collective land ownership is doubtful after a large number of peasants settled in cities and lost their collective membership.In the reform of the‘three-right separation’of the contracted land,the‘three-right separation’of the homestead and the collective property rights system,we can solve the above problems by improving the criteria and procedures for the loss of collective membership,improving the(first)priority transfer rights of the‘three rights’of collective land and the shareholding plan of land contractual management rights and rights to use homestead,drawing support from the design of classified shares of the land management rights and use rights and even the equity inherited by non-members of the collective,timely nationalizing collective land after a large number of peasants settled in cities and lost their collective membership,etc.