审判实践中,对离婚涉及公房居住权的处理法院该不该管,有两种截然不同的意见。一是认为法院该管,作为从属于婚姻问题的房屋居住权问题,是由主诉讼派生出来的,法院应与主诉讼同时作出结论。二是认为法院不该管或者说是管不了,公房的处理涉及到房屋所有权单位的产权利益等问题,法院管起来没有明确的法律依据;在法院判决与行政的管理权不能统一的情况下,容易让人产生干预行政权利之嫌等。由于目前立法或上级法院对此问题没有具体的规 In trial practice, there are two completely different opinions as to whether the court that handles divorce residency should have jurisdiction. First, the court held that the issue of housing residency as a subordinate marriage issue was derived from the main lawsuit and the court should conclude the main lawsuit concurrently. The second is that the court should not control or that it can not control the public housing dealt with the ownership of property ownership interests and other issues, the court has no clear legal basis; in the court decisions and administration of the administration can not be unified, It is easy for people to suspect that they have to intervene in administrative rights. Due to the current legislation or higher courts there is no specific rules on this issue