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像本期案例介绍的,农民集体转让集体所有的房产引发土地权属纠纷,甚至直接转让集体土地,在许多地方都发生过。但时至今日,集体建设用地流转依旧受到我国法律乃至《宪法》的限制。这意味着,普遍发生的农民盘活土地财产的行为大多违法甚至违宪。如果从良知上,我们并不否认广大农民的财产权利,问题是究竟何时,农民的土地财产权才能得到合法的、完整的、真实的认定和保护?
As described in this issue case, collective ownership of collectively-owned houses by farmers has triggered disputes over land ownership and even direct transfers of collective lands have taken place in many places. However, to this day, the flow of collective construction land is still restricted by our laws and even by the Constitution. This means that the widespread behavior of peasants in revitalizing land and property often violates or even violates the Constitution. If from the conscience, we do not deny the property rights of the vast majority of peasants. The question is exactly when and only when the peasants’ land property rights can be legally, completely and authentically recognized and protected?