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十一届全国人大常委会已将《住房保障法》列入立法规划,但目前法学界对这部重要法律的起草工作仍然重视不够。本文介绍了该法的立法背景,指出该法的出台具有重大的经济、社会和政治意义,并提出了协调政府与市场关系、统一性与灵活性结合、实效性与前瞻性结合以及衔接相关法律的总体起草思路。在对《住房保障法》应当涉及的主体制度作一梳理后,笔者提出了《住房保障法》的基本框架建议:总则、住房保障的对象和方式、住房保障的住房和资金、住房保障的准入和退出、监督管理以及法律责任。
The 11th National People’s Congress Standing Committee has listed the “Housing Security Law” in its legislative plan. However, the legal profession still lacks enough emphasis on the drafting of this important law. This article introduces the legislative background of this law, pointing out that the promulgation of this law is of great economic, social and political significance and proposes to coordinate the relationship between the government and the market, the combination of unity and flexibility, the combination of effectiveness and forward-lookingness, and the convergence of relevant laws The overall drafting ideas. After combing the subject system that should be covered by the Housing Security Law, the author proposes the basic framework recommendations of the Housing Security Law: general rules, objects and ways of housing security, housing and funds for housing security, and standards for housing security Entry and exit, supervision and management and legal responsibility.