中国保障性住房制度的反思与重构

发布时间：2018-11-09 15:51

【摘要】：保障公民的住房权,是宪法对于基本人权保护的基本要求之一,也是当前我国社会保障不可缺少的重要组成部分。随着我国城镇化进程的不断加快,城市中低收入群体数量不断增长,满足公民居住需求的难度也在持续加大,保障公民住房权,实现社会的公平公正,已成为我国亟待解决的问题。为解决广大中低收入家庭住房困难问题,政府通过宏观调控抑制房价,并对公民住房权实现方面也进行了不断的探索,但我国保障性住房制度仍存在立法层次低、政府财政投入不足和融资政策缺失、准入与退出机制欠缺、住房权司法救济机制乏力等问题。对此,应当从保障性住房制度的法理意蕴入手,通过对国外保障性住房制度顶层设计的考察,对现行的保障性住房制度进行全面审视和检讨,提出进一步完善我国保障性住房制度的措施,为真正实现我国公民住房权提供有效的制度保障。
[Abstract]:The protection of citizens' right to housing is one of the basic requirements of the Constitution for the protection of basic human rights, and it is also an indispensable part of social security in China at present. With the development of urbanization in our country, the number of urban low and middle income groups is increasing, and the difficulty of meeting the citizens' living needs is also increasing, so as to ensure the citizens' housing rights and realize the fairness and justice of the society. It has become an urgent problem in our country. In order to solve the housing difficulties of the majority of low- and middle-income families, the government has suppressed housing prices through macro-control, and has also made continuous exploration on the realization of citizens' housing rights. However, there is still a low level of legislation in our country's affordable housing system. The lack of government financial investment and financing policy, the lack of access and exit mechanism, the lack of judicial relief mechanism of housing rights, and so on. In view of this, we should start with the legal implication of the indemnificatory housing system, and through the investigation of the top-level design of the supportable housing system abroad, we should comprehensively examine and review the current supportable housing system. This paper puts forward some measures to perfect the housing system of our country, which can provide effective system guarantee for the realization of the housing right of the citizens in our country.
【作者单位】：延边大学法学院;
【分类号】：F299.23

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