住房保障事权与支出责任划分的法治进路

Legal Approach to the Division of Housing Security Authority and Expenditure Responsibility

保障公民尤其是困难群体的住房需求成为新时代统筹民生各项工作、增幸福促和谐的关键。住房保障法以及城镇住房保障条例迟迟未能按照立法计划出台,不利于解决当前地方各自为政下保障方式规范性不足、政府与市场边界紊乱、政府间支出责任不清晰等诸多问题。实现公民住房保障,需要在31个地区实践样态梳理以及改革开放40年来住房保障政策反思的基础上,通过住房保障法律属性的界定和类型化,对政府间事权与支出责任进行规范性划分。具体的方法是:一方面在"居者有其屋"的宪法属性基础上厘清政府与市场的活动边界,确定事权范畴,以租赁式保障为主并依法规范产权式保障;另一方面是通过"基本需求"与"基本以上需求"的权属明晰以区分强制性义务与选择性义务的保障差异,并作为各级政府间事权归属和支出责任的分配基准。

In the process of poverty alleviation in the new era,it has become an important goal of building a well-off society in an all-round way to guarantee the housing demand of citizens,especially the poor groups.The housing security law and the urban housing security regulations have not been issued in accordance with the legislative plan,which is not conducive to solving many problems,such as the lack of standardization of the current local security way,the disorder of the boundary between the government and the market,and the unclear responsibility of intergovernmental expenditure.In order to realize the housing security of citizens,we need to make a normative distinction between the governmental authority and the expenditure responsibility through the definition and classification of the legal attribute of housing security on the basis of combing the practice patterns of 31 regions and the reflection of the housing security way in the past 40 years of reform and opening up.On the one hand,the specific demarcation method is to clarify the activity boundary between the government and the market on the basis of the constitutional attribute of"home ownership"and to give priority to leasehold security and strictly limit the property right security;on the other hand,to distinguish the security difference between compulsory and selective obligations through the ownership of"basic needs"and"more than basic needs"and to act as the administrative power between governments at all levels basis for allocation of attribution and expenditure responsibilities.