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马克思说过:“土地是一切生产和一切存在的源泉。”①正所谓“有恒产者始有恒心”。土地上的权利是农民诸多权利中最基本的权利,关系到农民的生存问题,是其他权利的基础和前提。农村宅基地关系到亿万农民的安身立命之本,农民住房是构建和谐社会、统筹城乡发展的重要环节。农村宅基地理应受到立法上的高度重视,但我国现阶段关于农村宅基地使用权及流转的法律规范却寥寥可数。在过去相当长时间内,在计划经济和城乡
Marx said: “The land is the source of all production and all existence.” ① It is said that “there is constant perseverance among the permanent producers”. The rights on land are the most basic rights of many rights of peasants and relate to the survival of peasants. They are the basis and premise of other rights. Rural homestead is related to the livelihood of hundreds of millions of peasants, peasant housing is an important part of building a harmonious society and coordinating urban and rural development. Rural homestead geography should be highly valued by law, but at the present stage of our country, the laws and regulations on the rights to use and transfer of homesteads in rural areas are few and far between. For a long time in the past planning economy and urban and rural areas