成都地震灾区联建模式的困境和启示

联建模式是地震灾后重建政策的主体部分。联建包括租赁式联建和流转式联建两种。联建模式存在与现行法律冲突的困境,以及实施过程中呈现出的土地权利、联建三方关系混乱和混淆灾后救助与征收补偿界限等问题。联建政策是对完善农村土地流转的一次有益尝试,针对联建政策暴露的问题可以建立并完善宅基地有偿使用制度和农村不动产登记制度等,保障集体建设用地的集约、规范使用,避免集体资产流失。

Predicament and Way out of the Joint Construction Policy in the Quake-hit Areas in Chengdu

A large number of urban and rural housing damaged in the 5.12 earthquake. To promote rural housing reconstruction, Chengdu municipal government formulated a series of reconstruction policy, including the joint construction policy. This policy reflects the ideas to attract social capital to participate in the reconstruction and accelerates the speed of reconstruction. But there are also difficulties of conflicting with the existing laws, land rights, the confusion of tripartite legal relationship of reconstruction, the confusion of the boundaries of post-disaster relief and compensation for expropriation. Measures to solve the problem of joint construction are modifying restrictive provisions of the collective construction land of Land Management Law, establishing and improving the homestead system of paid use and rural real estate registration system and so on. It also needs to ensure the intensive, regulate the use of collective construction land to avoid the loss of collective assets.