我国《住房保障法》的基本制度建构

On the Basic Institutions of Housing Security Law

十一届全国人大常委会已将《住房保障法》列入立法规划,该法的制定具有重大的经济、社会和政治意义。本文提出了协调政府与市场关系、统一性与灵活性结合、实效性与前瞻性结合以及衔接相关法律的总体起草思路。本文在对《住房保障法》应当涉及的主体制度作一梳理后,提出了《住房保障法》的基本框架建议:总则、住房保障的对象和方式、住房保障的住房和资金、住房保障的准入和退出、监督管理以及法律责任。

Although the Housing Security Law has been listed in the legislative plan by the Standing Committee of the eleventh National People＇s Congress,it has not yet been granted enough attention by the legal academia.This article presented the background of this law,pointed out the important implications of this legislation from the economic,social and political perspectives and proposed the overall legislative guidance of coordinating the relationship between government and market,consistency and flexibility,practicability and foresight,as well as connecting related laws.After discussed the main institutions of the law should have.The article designed the basic institutions of the law from several points including general rules,the target and pattern of housing security,the house and fund of housing security,market access and exit of housing security,supervision as well as the legal responsibilities.