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农村宅基地自发流转进入土地市场的现象已经相当普遍,甚至在各地的社会经济生活中占有相当重要的地位。这些自发流转明显超出了现阶段我国法律制度的框架,导致在宅基地能否流转这一问题上引发了大量的争议。司法实践中,也出现了大量的讼争。此类案件在审判实践中经常遇到,也是审判过程中普遍感觉处理起来比较棘手的一类案件,笔者拟对此谈一点粗浅的观点。
The spontaneous circulation of rural house sites into the land market has become quite widespread, and even occupies a rather important position in the social and economic life of various places. These spontaneous flows obviously go beyond the framework of our legal system at the present stage, leading to a great deal of controversy over the issue of the availability of homesteads. Judicial practice, there have been a lot of litigation. Such cases are often encountered in trial practice and are also one of the most troublesome cases that are commonly handled during the trial. I would like to discuss this point with a superficial view.