Study On Legal Issues Of Housing Right Security

“Live” Since ancient times, tied with clothing, food, and the line for the fourbasic human needs. It is an indispensable material condition important for humansurvival and development. The housing issue is not only economic issues but alsoimportant livelihood issues.“Everyone has the right to the enjoyment of adequatehousing ", it is The United Nations Millennium Development Goals. Our country hadsigned the document of international covenant in the last century, committed tofulfill the goal. Unfortunately, till now, we have not developed any laws abouthousing rights protection, and there is no legal system of protection of the right tohousing. There are only government documents and policy for the housing problemlack of a systematic, coherent and authoritative. Recent years, due to theformulation and discussion of the "Property Law", the term "right to housing" inlegal circles has been a hot topic, but confined in civil sector, to understand thebenefits of the use of property rights, and not up for the basic human rights, nor onthe legal aspects of their protection. After the monetization and market-oriented,China’s housing supplies are mainly dependent on the real estate market.Commercialization of housing gave people more choices, and improved the livingconditions of the residents. But it also brings prices rising in recent years, impede tothe realization of the right of residential housing. Although the government hasformulated a series of policies in order to guide the benign operation of the realestate market. However, it has not been suppressed, people’s housing situation isworsening, public discontent increased. The grim reality shows that housing reformof government reliance over on the economic functions of the industry, cannot bootthe benign operation of the real estate market, and protect the housing rights of the in the real estate industry, the industry functions only emphasized the issues ofhousing supply, cannot solve problem of the urbanization process. And definedhousing problem as a market problem in development of economic, neglect of thespecial nature of the housing commodity in the production, sales and distributionchain, and weaken the government’s responsibility to protect public basic housingneeds. Such a model has not guided benign operation of the real estate market, andprotected the housing rights of the urban residents.Currently, the Chinese government has recognized the importance of housingsecurity system for economic development and social stability; also redefine the rightto housing from a human rights perspective. It is the right moment to research thelegal system of security of housing rights. The international study on the securitysystem of housing rights has been a long time, and has a lot research results andmethods on the security of housing rights and affordable housing system. Ourscholar’s studies of jurisprudence on the right to housing are from sociology,management, and industrial economics point of view, and limited to the basic theoryof the housing rights of human rights and constitutional level. There are fewresearches in the security of housing rights, and more from the legal system ofhousing security. The thesis of this article as the system of housing rights and theirprotection of the legal theory, has achieved initial results in some of the basic issues.The first part is the full text of the prodrome, described the purpose andsignificance of the topic in this article; research methods and characteristics;fundamental point of view, innovation, focus and difficulty; reviewing the legalsystems of housing rights at home and abroad, analysis of academic value.Chapter one discern and research the basic theory of the right to housing andsecurity of tenure. Housing rights also known as the right to adequate housing”language from the" The right to adequate housing "is the Universal Declaration ofHuman Rights and the provisions of the UN General Assembly document andrecognition of civil rights. In our country, the right to housing as the Law on theconcept, many scholars have translated into a "right to housing" or "residency" usually "residency" civil equivalent. I start from the presentation and interpretationof international documents on the right to housing, the analysis of its ChineseInterpretation, pointed out that the "right to housing" contains the basic human rightssignificance: suitable for residency, the right to equal treatment, against illegalviolations, affordability housing security rights; related concept of the right tohousing and the right of residence, ownership comparison-depth understanding ofthe concept of the right to housing; and pointed out that the basic rights as the rightto life and the right to development, the right to housing attributes. After the study ofthe meaning of housing rights, and pointed out that the protection and security ofhousing rights is a different concept; the paper ansisy four aspects of the nature ofthe protection of housing rights: national obligations, object, the way and thecontents of protection. Protection of the right to housing should follow basicprinciples: hierarchy, both fair and efficient, and the principle of minimumguarantees and to protect the principle of dynamic adjustment of the horizontal;concludes with a discussion of the theoretical basis of the protection of housingrights, the use of economics and constitutional, economic law, social law relatedtheories laid the cornerstone of the right to housing security system.The second chapter refere and compare: housing rights in developed countriesto protect the enactment of legislation. Different geographical classification criteria,learn, compare the United States and Britain on behalf of the Western developedcountries, and Japan and Singapore which are developed countries in Asia as therepresentative of the legal system. Select UK and American representatives of theWestern countries, because the market economy system were established earlier andhousing system are more mature, they had accumulated a lot of experience ingovernment intervention in the housing market and protection.“Big market, smallgovernment” is the American housing system model, established a complete thehousing legal system conditions under the government of housing market“selective”to take the the supplemental type “housing security policy intervention” inthe public housing policy.Britain is “the government and the market simultaneously” housing policy, government intervention in the market is positive, its public housingwith a "hybrid" security system. The legal system of Asian countries highlight thefounding of actual to China, Japan and Singapore, the two countries after World WarII, are facing serious damage to the economy, housing shortages, population densityinitial situation is very similar with China, but after decades of development, the twocountries have successfully solved the housing problem by internationallyrecognized and affirmed. This section provides an analysis of the Japanese“government-led market participants”housing security system, targeted marketregulation, to the construction of public housing for different income groups; andSingaporethe“government assigned mainly supplemented by market” housingsystem, the government and the market intentional neglect and “Flat”system.Summed up the experience and enlightenment of foreign advanced legal systems:comprehensive legislation is the realization of the premise of the right to housing;market allocation of resources is the basis of the right to housing to achieve; housingsecurity system is to realize the core content of the right to housing; established Thedual nature of the government responsibility to achieve the conditions of the right tohousing; clear housing the level of security of tenure is five aspects of the right tohousing the inevitable choice approach with reference.Chapter three questions and reflections: the right to housing security systemhistory and reality. Reflect on the history and current status of the legal system ofChina’s security of housing, the main problems of the construction of the legalsystem of China’s housing security. Combed the historical process of China’shousing system is the main line of policy changes of the right to housing andprotection, China’s housing security system is divided into four stages: the first stageevolution: the early days of1949to1978before the reform and opening up, thehousing security welfare system; second phase of1978-1997: the housing securitymarket exploration and formative stages; the third phase from1994to2005: acomprehensive market-oriented phase of housing security; fourth stage since2006:the return of the housing security system stage. Start with the historical process of the housing-related legal system and policy analysis four aspects: dislocation oftransitional market and the role of government, lack of supervision, the law becomesvacant; deep into its causes: the lack of equal protection, the lack of a systemprotection, lack of monitoring mechanisms, contrary to the principle of legalreservation, which gives rise to the importance and urgency of the establishment ofthe legal system of security of tenure.Chapter four improvements and constructions: the legal system of multi-levelsecurity of housing rights. From a macro make an outlook on the future of security oftenure legislation and the establishment of the legal system, and pointed out toconfirm the legal status of the right to housing, security of tenure legalization processand improve the system of judicial relief is the direction of the development of thelegal system of housing security. And clear the protection of the legal system of theright to housing should be followed: the principle of the protection of human rights,the principle of equal rights and obligations, the reality and the development ofuniformity and flexibility combined the basic principles of moderation. Hierarchyfrom the protection of the right to housing points out that the protection from themarket, government support and the choice of system; offers three levels ofgovernment; and focused on the present stage of the theory and practice of thecontroversial property tax system, the system of affordable housing and low-renthousing system. In theory, provide the basis for the promotion and protection of theright to housing. Refactor the role of government, the establishment of therecommendations of the specific legal regime for the protection of the right tohousing, the main effect of land from the protection of the right to housing, the realestate market and housing market, the role of the perfect, pointed out that theGovernment should be the management of urban land, the real estate marketregulators, public housing provider from perfect “Land Management Law”, theestablishment of a legal system of market supervision, the way of housing securitylaw legal system, remodeling the responsibilities and roles of the government, thuscontributing to the Government play a better role in the implementation of the protection of the right to housing.Part VI conclusion and summarized the full text of the keynote and the mainconclusions and contributions, and pointed out that the lack of this paper, and willcontinue to work in the direction.