法律理性视角下租购同权政策的名与实

Analysis on the Name and Nature of Equaling the Rights of Real Property Owners and Tenants Policy under the Horizon of Legal Rationality

自2015年中央经济工作会议明确了以租购并举为我国住房制度改革的主要方向以来,如何破除老百姓心中唯有买房才能安居的固有观念,通过租房来保障人民群众享有居住正义,成为改革的重点与难点。除增加供给以外,租购同权也迅速被各地政府加入政策清单之中,成为培育与完善住房租赁市场的发力点。然而,在剥开大众舆论塑造出的神话外衣之后,所谓租购同权究竟包含何种权利以及如何衡量等同维度,却充满了谜团和变数,亟须置于法学场域中进行祛魅、诠释与重建。

Since the Central Economic Working Conference in 2015 clarified that giving the equalweight of buying and renting was the major aim of our housing system reform, it became an important and difficult problem that how to change the traditional notion that peaceful living could only beguaranteed by owning a house, and convince people residential justice could be fulfilled through rent-ing a housing. In addition to increase of supply, equaling the rights of real property owners and ten-ants was quickly included into local governments' policy list, and becoming a crucial factor of foster-ing and improving housing rental market. However, striping off the magic cover of this policy charac-terized by public opinion through emotional broadcasting, we found it was highly uncertain to con-clude its content and degree, which urged us to disenchant, deconstruct and rebuild it.