【摘要】 集体所有权的"虚置"是当前我国农村集体所有权关系中存在的主要问题,宅基地所有权也面临同样的困境。虽然可将宅基地所有权主体类推为农村集体所有权主体——"农民集体",但法理概念模糊、定性不明,以致宅基地所有权权能,尤其是宅基地所有权主体的管理、收益和处分权能难以实现。所以,农村集体经济组织宜成为我国农村集体所有权主体的组织形式,代行"农民集体"之职权。同时,宜依照特别法人的治理结构,构建符合民商法框架的特殊法人体系。更多还原

【Abstract】 The “dysfunction” of collective ownership is the main existing problem in the collective ownership in rural areas in our country. The ownership of homesteads is also facing the same dilemma. Although the main body of homestead ownership can be analogized to the main body of rural collective ownership-the “farmer collective”,its legal concept is vague and unclear,and it is difficult to realize the power of homestead ownership,especially the management,income and benefits of the main body of homestead ownership. Rural collective economic organizations should become the form of organization for the main body of rural collective ownership in our country,acting on behalf of the “farmer collective”. And it is recommended to adopt a special legal person governance structure and build a special legal person system that conforms to the framework of civil and commercial law.更多还原