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住房权是联合国规定的重要的公民权利,是基本人权。我国1997年签署并于2001年加入《经济、社会和文化权利国际公约》,承诺为实现公民的住房权而努力。而迄今为止,并没有制定一部有关住房权保障方面的法律,近年来由于房价的攀升和全国人大将《住房保障法》列为立法规划之一,引起学界对住房权、住房权保障问题的热议。美日两国的经验教训表明,公民住房权的实现,仅仅依据公民的自我努力是不够的,要使我国公民的住房权真正实现,就要借鉴发达国家的经验和教训,在承担国际义务的前提下根据我国的国情,将政府保障公民住房权的义务上升为法律义务,通过法律保障措施来明确国家责任、政府责任,只有将两者紧密结合,才能促进公民实现住房权。
The right to housing is an important civil rights laid down by the United Nations and a basic human right. My country, which signed in 1997 and acceded to the International Covenant on Economic, Social and Cultural Rights in 2001, promised to work for the realization of the right to housing for its citizens. So far, no law has been drafted on the protection of housing rights. In recent years, due to rising house prices and the fact that the National People’s Congress has listed the “Housing Security Law” as one of the legislative plans, it has aroused the academic community’s concern over the protection of housing rights and housing rights. Hot discussion. The experiences and lessons of the United States and Japan show that the realization of the housing rights for citizens is not enough based on the self-improvement of citizens. To ensure that the housing rights of our citizens are truly realized, it is necessary to learn from the experience and lessons learned by developed countries and take full consideration of the obligations that international commitments Under the premise of our country’s national conditions, the government’s obligation to protect the rights of citizens to housing up to legal obligations, through legal safeguards to clarify the responsibility of the state, the government’s responsibility, only the two closely together in order to promote citizens to achieve housing rights.