A Study On Housing Rights

Housing is by no means a house for dwelling in general sense,its meaning should be defined to meet the sum of living conditions and environment which can support the survival and development of a person and his/her family.It is one of the basic human welfare elements.Housing plays an important role in the history of human evolution and development.In modern society,human demand for housing is not only needs for physiological and safety.Housing is very important for the full realization and development of personal and family personal freedom and dignity.Housing problem is a variety of social problems as a result of that personal housing need can not be met.Housing problems are often seen as part of the social problems such as poverty,inequality,and so on.But we can not deny the independence of the housing problem.Housing poverty is in fact a poverty of rights.It is rooted in the private ownership of the housing and urban space which is converted into an intermediary and a tool to seek profits.Facing the advantage position of the ownership in the modern property law,the housing consumers are in the weak position Due to the lack of rights.It means that those problems can be resolved by means of authorization to defining the housing problem as poverty of rights.It is a way of "right" to respond to the human society's housing problem by the modern human rights law through the empowerment of the housing rights,and to provide legal protection for the exercise and realization of those rights.Housing rights is not a kind of reification right.It should be understood as the rights to live in dignity.Housing rights is not a single right,but a right bundle composed of plural rights,which contains a number of important freedoms and rights.The historical retrospect of the residential right shows that housing rights has already become one kind of legal right in the international human rights law,the Constitution and the laws of each country.Especially in the field of international human rights law,Housing rights is considered as an integral whole.Its connotation is embodied in not only the Article 11(1)of International Convention on Economic,Social and Cultural Rights,also widely reflected in terms of the Universal Declaration of Human Rights,the International Convention on Civil and Political Rights and other international slegal documents on human rights.As a new kind of right,One who want to understanding the nature of housing rights must have a non-essentialism and holistic perspective.Housing rights is a kind of custom right legal,which is recognized by law increasingly.It contains not only the interests of property,but also the interests of personality.It's a kind of public rights which resists the public powers of the state,but at the same time it is a private right against other individuals.The housing rights has the function of defense,the function of benefit,the function to Accept protection which comes from the objective order of fundamental rights and the power of participation.The subject of housing rights is universal individual,But in the implementation of housing rights,family,community and other social units have not only very important relationships to the realization of individual rights,but also important interests of their own,so those social units should be regarded as The subject of housing rights as well.The state is the primary subject of housing liability.State has the responsibility to respect,protect,promote and realize the rights of housing at different levels.The material basis for the practical ability of the subject of the housing rights can not be completely dependent on himself/herself or on state,but more directly on companies,large organizations and other social intermediary structure and those individuals who have monopoly resources.So these individuals and social units are considered to be the subject of obligation of the housing rights.The content of housing rights covers all kinds of interests of human beings in the house.The core layer of the content of housing rights is the tenure of housing.In the external limiting layer,the rights and interests of residential security,health,freedom,privacy,and development and so on,constitute the limits and safeguards of the tenure of housing.The protection and realization of housing rights also depends on the rights to obtain the housing information and participate in the decision-making of the housing affairs,and Appeal to the judicial relief when the right is infringed.The object of judicial relief of housing rights is not only to solve the dispute of the case,but also to"diagnosis" the society problem about housing and promote the solution to the housing problems.