本文鉴于汶川地震灾后住宅重建,因我国物权法对于建筑物的再建并无直接的规定,现行立法以处分共有土地方式进行再建,导致效率低、产权纠纷高而影响灾后重建。提出我国应建立区分建设用地使用权方式的再建制度,完善再建决议机制,增设让售请求权和买回请求权。 In view of the reconstruction of houses after the earthquake in Wenchuan, there is no direct regulation of the reconstruction of the buildings by the Real Right Law of our country. The current legislation rebuilds the land by disposing of the common land, resulting in low efficiency and high property disputes, which will affect the post-disaster reconstruction. It is proposed that our country should establish a rebuilding system that distinguishes the right to use land for construction purposes, perfect the re-establishment of the resolution mechanism, and increase the right to sell and the right to buy back.