制度建构离不开对时代背景的参照与考量。从福利分房到住房商品化改革,我国住房制度经历了由福利国家模式到自由市场模式的转变。住房商品化一方面使楼市飙升、调控政策屡屡失灵;另一方面也催生了土地财政,中低收入人群住房困难。经适房、廉租房、限价房等保障房偏离制度设计之初衷,在实践中备受诟病。统一立法的缺失使地方立法相继打破僵局并进行了诸多探索。通过对地方立法文本、运行实践地解读不难发现,公租房制度建构绝不是福利模式的简单重构,而是在重新审视中央与地方、政府与市场两个关系之后的自我反省与理性回归。 Institutional building can not be separated from the background of the times reference and consideration. From welfare housing distribution to housing commercialization reform, China’s housing system has undergone a change from a welfare state model to a free market model. Housing commercialization on the one hand so that the property market soaring, regulatory policies often fail; on the other hand also gave birth to the land finance, low-income people housing difficulties. By fitness room, low-cost housing, housing and other affordable housing deviate from the original intention of system design, much criticized in practice. The lack of uniform legislation has led local legislations to break the deadlock one after another and conducted many explorations. It is not difficult to find that the construction of the public rental housing system is by no means a simple reconstruction of the welfare model but a self-examination and rational return after reexamining the two relations between the central government, local governments, and the government and the market.