根据我国当前的法律法规及相关政策规定,农村宅基地使用权的流转受到了严格的限制,其转让要符合相当严格的条件。但不容忽视的是,随着我国社会经济的发展,农村宅基地的社会保障功能正在逐渐弱化,而其物权价值功能在逐步提升。允许宅基地流转具有缓解城市建设用地压力、增大农民物质财富、拉近城乡经济水平的差距及抑制城市高房价的积极意义。为实现上述意义,立法的核心应是完善农民的宅基地使用权,可以采用渐进的方式允许农村宅基地使用权流转。首先,在我国农村开放宅基地使用权租赁市场,本集体组织内外成员皆可承租,弥补不能自由流转的弊端。其次,在保留集体土地所有权的前提下,适当开放宅基地使用权的抵押和转让市场。最后,在农村社会保障体系完善时,可以考虑放开宅基地使用权的流转市场。 According to the current laws and regulations of our country and related policies and regulations, the circulation of rural residential land use rights has been severely restricted, and its transfer should meet quite strict conditions. But it can not be ignored that along with the social and economic development in our country, the social security function of rural homesteads is gradually weakened, while the function of the value of property rights is gradually improved. Allowing the flow of homestead base has the positive meaning of alleviating the pressure of urban construction land, increasing the material wealth of peasants, narrowing the gap between urban and rural economy and restraining the high housing prices in cities. In order to achieve the above significance, the core of legislation should be to improve the right of farmers to use their homesteads, and a gradual approach may be adopted to allow the circulation of the right to use rural homesteads. First of all, in the market of leasing the right to use open housing sites in our country, all the members in and outside the collective organization can lease to make up for the shortcomings that can not be freely circulated. Secondly, on the premise of retaining the ownership of collective land, the mortgage and transfer market of the right to use house sites should be opened as appropriate. Finally, when the social security system in rural areas is complete, one can consider opening up the circulation market for the right to use housing sites.