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目前我国公租房等保障性住房的规范位阶较低,政策性、原则性较强,规范性、统一性、实效性较弱,规范之间的冲突、下位规范对上位规范的突破时常发生,因此,包括保障对象主体类别、具体准入资格条件等在内的准入机制方面面临着诸多制度规范困境,有诸多不规范、不公平、不合理的问题。为依法、有效地满足住房困难家庭的基本住房需求,实现“住有所居”的社会目标,实现法的公平正义价值,亟待统筹考量公租房等保障性住房的制度规则,强化顶层设计,建立健全法律法规体系,完善公租房准入机制的规范建构,淡化其政策表象,增强其法治属性。
At present, China’s public rental housing and other affordable housing standards lower rank, policy, principle of strong, normative, unity, the effectiveness of the weak, the conflict between norms, the norms of the normative breakthroughs often occur, Therefore, there are many difficulties in regulating the system of admittance, including the categories of the subject of protection and the specific conditions of access for admission. There are many problems that are not standardized, unfair and unreasonable. In order to satisfy the basic housing needs of families with housing difficulties effectively and achieve the social goal of “living in a home” in accordance with the law and realize the fair and just values of law, it is imperative to consider the system rules of affordable housing such as public rental housing in an integrated manner and to strengthen the top-level design , Establish and improve laws and regulations system, improve the normative construction of public rental housing access mechanism, dilute its policy appearance, and enhance its legal attribute.