Historical Research, Home Ownership - The Right To Housing Problems

The thesis comprehensively studied on the housing right from a historical standpoint. The author advocated taking the"right to adequate housing"that had been generally acknowledged in the world as the basic criterion. Our government should enact the housing policy and the housing law on basis of China's national fundamental conditions so as to practically guarantee and continually improve the citizen's housing right.The first chapter, the author researched the origin, the formulation and the development of the housing right from the world historical standpoint, emphatically analyzed the formulation, the connotation and the significance of the conception of housing right.The second chapter, with the main clue of legislation and policy change, the author studied the development processes and the experiences of the housing guarantee system which was in the period of ancient China and modern China. According to above study, the author got a conclusion that ancient china had got a preliminary cognition on the housing right. Although its system was simple, there were also some creativities, and the housing right system of ancient China played a positive role in the old and modern time. During the period of the Republic of China, the government established housing guarantee system by imitating the western countries. Although this system was not put into practice because of the shortcomings of itself and the social turbulence, the attention to the effects of market mechanism and the government's responsibility is worth affirming, and some concrete system designs are worth learning too. In order to comprehensively understand the housing law system of the republic of china, the author also researched carefully on Taiwan's housing laws and policies that were passed after 1949.The third chapter was mainly about the development of the housing right after the liberation. The new democracy housing policy during the initial period of liberation brought about many negative phenomena, such as the infringement of the private rights. The subsequent socialist transformation of private houses was more seriously invading the citizen's housing property right, and the left over problems, such as the"economical rented house"problem, still affected social stability and harmonious in 1980s. The welfare house system that was imitated from the Soviet Union was not suitable for the China's national fundamental conditions, and made citizens excessively dependent on the system. The welfare house system resulted in unfair and corruptions, which seriously affected the improvement of China's housing right. Since the Openness and Reform, the marketization of housing estates had been put into practice, which brought vitality to the development of the housing right. However, the unhealthy market mechanism and the neglect of housing right guarantee of the medium or low-income stratum brought about many other social problems again, such as the polarization of the rich and the poor.The fourth chapter analyzed the concept and the connotation of the housing right on the basis of the above study. The author concluded the basic principle and system of the housing right guarantee, and focused on discussing the advantages and disadvantages of the two longstanding controversial systems, namely, the public housing system and the rent control policy.