随着社会主义市场经济体制的建立,土地要素市场从无到有逐步建立起来了,土地市场也日益活跃。随着《宪法》的几次修订和《城镇国有土地使用权出让和转让暂行条例》以及《城市房地产管理法》、《土地管理法》、《物权法》的出台,城市住房制度改革不断在完善,城镇国有土地使用权流转成为普遍现象。在城镇中,无论是商品房,还是房改房,所有人都可以将房屋连同房屋所在的土地使用权一并转让,在市场上自由流通交易。而与之相对,在人地矛盾日益加剧的今天,农村集体土地使用权并未市场化。由于法律规定的模糊和 With the establishment of the socialist market economic system, the land factor market has gradually been established from scratch and the land market is also becoming increasingly active. With the several amendments to the Constitution and the Provisional Regulations on the Assignment and Transfer of State-owned Land Use Rights in Cities and Towns, as well as the Urban Real Estate Administration Law, the Land Administration Law and the Real Right Law, the reform of the urban housing system is constantly being perfected, Circulation of the right to use state-owned land in cities and towns has become a common phenomenon. In cities and towns, no matter whether it is a commercial house or a housing reform house, everyone can transfer the house along with the right to use the land in which the house is located for free circulation in the market. On the contrary, the increasing contradiction between man and land today, the right to use rural collective land is not market-oriented. Due to the ambiguity of the law