【摘要】 我国保障房与商品房具有不同的法律构造，经济适用房所有权与保障房共有产权因权利主体与权利转让的限制而仅有用益物权功能，不能适用商品房所有权的规定。农村宅基地上房屋所有权也具有与保障房所有权相同的法律性质。公房租赁权因具有物权性质也不能适用商品房租赁权的规定。经济适用房所有权、保障房共有产权、农村宅基地上房屋所有权、公房租赁权在规范功能上与居住权产生重合，从而可以归入居住权范畴。这种基于社会本位一体把握的思路，既不违反物权法固有的体系原则，又可利用保障房居住权独立于基地使用权的性质，明确经济适用房所有权与保障房共有产权不存在基地使用权到期与续期的问题。由于保障房居住权的独立性，使得在房屋保有税的交纳方面也应与商品房有所不同。我国保障房建设规模巨大，已成为一种长效机制，若不能纳入《民法典》居住权制度的调整范围，则不利于保障房居住权制度的完善。更多还原

【Abstract】 China’s public housing and commercial housing have different legal structures. The ownership of an economically-affordable house and joint-property house only has the function of a usufructuary right due to the restriction of the right subject and right transfer, and cannot apply to the provisions of the ownership of commercial housing. The ownership of housing on rural homestead also has the same legal nature as public housing. Because the public house lease right is a real right, it cannot be applied to the commercial house lease right’s provisions. In terms of normative functions, the ownership of reasonably priced houses, the join-property right of public houses, the ownership of houses on rural homesteads, and the public house lease right all coincide with and can thus be attributed to habitation. This kind of thinking based on the integration of social standards does not violate the inherent system principles of real property law, but also makes use of the fact that the right to live in affordable housing is independent of the right to use the land, and makes it clear that the ownership of economically-affordable housing and the joint-property right of public housing do not have the problem of expiration and renewal of the right to use the land. Due to the independence of the right to live in public housing, the payment of housing tenure tax should be different from that of commercial housing. The construction of public housing in China is huge and has become a long-term mechanism. If it is not included in the adjustment scope of the habitation system in the Civil Code, it is not conducive to the improvement of the right of abode system in public housing.更多还原