河北农业大学学报(社会科学版)2026,Vol.28Issue(4):103-111,9.DOI:10.13320/j.cnki.jauhe.2026.0044
宅基地制度与住房保障体系衔接的理论面向与适度规范
Theoretical Dimensions and Appropriate Regulatory Framework for the Integration of the Rural Homestead System with the Housing Security System
摘要
Abstract
The housing security system and the rural homestead system share a common objective-ensu-ring residence for each family of rural villagers-thereby establishing functional interdependence and sub-stitutability between the two systems.As citizens,collective members constitute the shared target group for both systems:the homestead system,which possesses private-law attributes,and the housing security system,which operates under public-law principles.This dual applicability forms the foundational basis for institutional coordination between the two systems.Given their shared objective of ensuring residence for each family of rural villagers and the inherent limitations of basic providing capacity,overlapping eligi-bility and duplicate enjoyment of benefits under both systems must be avoided.Specifically,collective members must choose between obtaining a homestead allocated free of charge by the collective and access-ing housing security benefits through institutional coordination-these represent two mutually exclusive pathways toward fulfilling the residence for each family of rural villagers.The basic housing guarantee pro-vided to collective members via such coordination constitutes a distinctive civil fundamental right.While legislative intervention should remain minimal to preserve its civil character,appropriate regulation re-mains necessary-particularly concerning eligibility criteria,procedural requirements,and the substantive effects of coordination.关键词
宅基地制度/住房保障体系/宅基地分配请求权/实质公平Key words
the homestead system/the housing security system/the right to request allocation of home-stead land/substantive fairness分类
管理科学引用本文复制引用
杨青贵..宅基地制度与住房保障体系衔接的理论面向与适度规范[J].河北农业大学学报(社会科学版),2026,28(4):103-111,9.基金项目
教育部人文社会科学规划基金项目(编号:25XJA820003). (编号:25XJA820003)