权利视角下保障性住房建设中的政府法律责任

Legal Responsibilities of the Government in the Implementation of Affordable Housing Projects—From the Perspective of Citizens' Rights to Adequate Housing

住宅权是联合国规定的公民的一项重要权利,我国也在加入联合国《经济、社会和文化权利国际公约》时承诺为实现公民的住宅权而努力。保障性住房建设对于保障公民住宅权的实现,促进经济发展、社会和谐稳定具有重要意义。住宅权保障既是国家的义务,也是政府应当承担的责任,必须建立起完善的住宅权保障的制度体系,建立调动地方政府积极性的激励机制,明确政府的法律责任和义务,重塑政府的职责和角色,从而促进政府在保障住宅权实现中发挥更好的作用。

The right to adequate housing is one of the important rights enforced by the United Nations for every citizen. China also gave consent to all the items listed on the International Covenant on Economic, Social and Cultural Rights when signing it. The implementation of affordable housing projects is vital for the real-ization of citizens＇ fight to adequate housing, promotion of economic development, and realization of harmo- nious society. To protect the right to adequate housing is not only the duty of the nation but also the responsi-bility of the government. It is suggested that legal systems should be established to ensure the fight to adequate housing, and incentive schemes should be worked out to mobilize the enthusiasm of the local governments while specifying their legal responsibilities and obligations, and rebuilding their images, so that a better role of the government will be played in the implementation of affordable housing projects.