公租房的宪法保障

Constitutional Assurance on Public Rental Housing

关于住房权在宪法层次的保障,有观点倾向于将其作为宪法基本权利,赋予其主观请求权特性,本文认为此种路径并不可行。住房权的宪法保障应立足我国宪法之实际,借鉴西方国家成功经验,以宪法委托理论对我国宪法相关条款进行解释,构建起我国社会保障制度,在此路径下实现对于住房权的宪法保障。

Housing right is seen tendentiously as basic right of constitution with the feature of subjective right of asking for on the level of constitutional assurance. The author thinks it is not feasible. Constitutional assurance on housing right could be achieved by standing on the reality of our constitution, learning from foreign successful experience, explaining relative articles in our constitution with constitutional commission theory and building social assurance system in our country.