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住房保障作为国家向中低收入者提供帮助的一项社会保障制度,涉及复杂的权利归属和保障方式问题。作为住房保障制度之一,我国的经济适用房制度由于目标和定位模糊,现有规定亦囿于旧有理论难以突破,使得中低收入家庭的住房需求得不到保障。因此,应当从理论上厘清经济适用房的权利归属和保障方式,明确其公私法上之属性,设计符合经济适用房的特殊规则,走公私法规则相结合的社会保障路径。通过借鉴国外成功的经验,结合我国住房保障的实际,完善相关立法,构建多元、多层次、动态的住房保障体系。
As a social security system that provides assistance to low and middle income people in the country, housing security involves complicated issues of ownership and protection of rights. As one of the housing security systems, due to the ambiguous goals and positioning of our affordable housing system, the existing provisions are also difficult to break through the old theory, making the housing needs of low-income families can not be guaranteed. Therefore, we should theoretically clarify the ownership and security of affordable housing, clarify its public and private property, and design special rules applicable to affordable housing, take the combination of public and private law rules of social security path. By drawing on the successful experience of other countries and combining with the reality of China’s housing security, the relevant legislation is improved and a multi-dimensional, multi-level and dynamic housing security system is constructed.