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居住是人最基本的生理需求之一,保障公民的住房权利是新时代国家的义务,在国家传统的保障房体系的廉租房和经适房之外出现了一个“夹心层”群体,公租房制度作为国家解决夹心层住房困境的努力登上历史舞台,作为政府的行政给付行为,公租房在行政法学原理中也应当遵循行政法中的法律保留原则,对公租房的统一立法有重要的理论和实践必要性。综观现行的各地方政府的立法状况和实践情形,我国的公租房统一立法在立法目的、保障对象、立法技术等方面存在诸多难题,在实践中遇到较多困境。公租房统一立法所存在的难题急需厘清和破解。
Living is one of the most basic physiological needs of human beings. Ensuring citizens’ housing rights is the obligation of a new era country. A “sandwich layer” group has emerged outside the traditional low-rent housing and affordable housing of the national security housing system. As a national effort to solve the dilemma of a sandwich class housing, the renmin system has served as the administrative stage for government payment. Public rental housing should also follow the principle of legal preservation in administrative law in the principles of administrative law and should have important implications for the uniform legislation of public rental housing Necessity of theory and practice. Looking at the current legislative conditions and practical situations of local governments, the unified legislation of public rental in our country has many problems in terms of legislative objectives, safeguards and legislative techniques, etc., and we encounter many difficulties in practice. The problems existing in the uniform legislation of public rental housing need to be clarified and solved urgently.