Research On The Housing Assistance Right Of Specific Groups And Its Legal Guarantee

Housing problem is a common problem faced by all countries in the world.Since the beginning of this century,with the rising house prices and the aggravation of housing difficulties of middle and low-income families,the government strengthen the regulation of the real estate market to curb the rapid rise of house prices,as well as strengthen the housing assistance for specific groups with housing difficulties."Outline for the construction of a society ruled by law(2020-2025)" clearly put forward that a society ruled by law is a society that guarantees rights,the legitimate rights and interests of disadvantaged groups and special people should be protected particularly.Under this background,it is of great theoretical and practical significance to study the protection and realization of the rights of specific groups with housing difficulties in housing assistance.At present,there are still many problems in China's housing assistance system and practice,domestic legal research on housing assistance mainly focuses on housing right,construct the legal system of housing assistance on this basis.There are still some defects in the existing theory of housing right,such as confusion of appellation,fuzziness of attribute,generalization of subject and complexity of content.As a basic human right in international law,everyone has the right to housing.There is a contradiction between the universality of the subject of housing right and the specificity of the object of housing assistance.Therefore,the right to housing should not be taken as the theoretical basis of housing assistance directly.As a new right,housing assistance right is different from the general sense of housing right,which is the special right that only the special group with housing difficulties can enjoy.The right of housing assistance is the fundamental way to solve the housing dilemma.At present,there is a lack of research on the right of housing assistance,With the theme of "housing assistance right",this paper aims to systematically construct the theoretical system of housing assistance right and deeply study the realization of housing assistance right for specific groups,in order to fill the theoretical gap and provide intellectual support for China's housing assistance.As a new right,housing assistance right has its inherent logic.The increasingly severe housing problem and the rising awareness of rights provide a realistic basis.The theory of welfare economy and state intervention in economics,the theory of demand level in psychology,the theory of social connection in sociology,the theory of social rights in law and the theory of supply administration lay a theoretical foundation for the right of housing assistance.The practice of Chinese and foreign housing assistance system provides the institutional basis.housing assistance,as a product of the expanding connotation of social security brought by the development of social security,refers to a kind of social security system which takes the state and the government as the main body to provide basic housing demand security for specific groups with housing difficulties.The right to housing assistance can be defined as those who meet certain conditions have the right to obtain housing assistance from the state and the government to meet their basic housing needs.As a kind of social right,the subject of housing assistance right is specific and limited.Only the weak who really have housing difficulties can be the actual subject of housing assistance right.As the obligation subject of housing assistance right,the state undertakes the obligations of respect,protection and payment,the government undertakes the obligation of system supply,financial support,organization management and supervision control.Housing assistance right has the attributes of public right,social right and survival right.Housing assistance right has the value of ensuring the basic people's livelihood,safeguarding the dignity of the weak,and realizing the justice of distribution.In terms of content allocation,the right to housing assistance can be embodied as rights such as the right to know,the right to participate,the right to request,the right to obtain,the right to use and the right to live.The research on the right of housing assistance is ultimately to ensure the real realization of the right of housing assistance for the people with housing difficulties.The realization of the right of housing assistance is essentially the fulfillment of the corresponding obligations of the relevant state organs,including the legislative guarantee of the legislature,the administrative guarantee of the administrative organ,and the relief guarantee of the administrative organ and the judicial organ,which constitute a strict system for the realization of housing assistance right.Legislative guarantee is an important premise and foundation to promote the realization of housing assistance right of the people with housing difficulties.China's current constitution does not clearly stipulate the right to housing assistance.The right to housing assistance written into the Constitution can provide the necessary constitutional basis for housing assistance legislation.The basic right attribute of the right to housing assistance and the inherent requirement of fulfilling the state's obligations determine the full necessity of the right to housing assistance into the constitution.By studying the practice mode of the right of housing assistance into the Constitution in typical foreign countries,combined with the actual situation of our country,there are some limitations in the interpretation of the "human rights protection clause","social security clause" and "material assistance right clause" in the constitution.A more ideal and feasible plan is to stipulate the right of housing assistance in the part of basic rights by means of amending the constitution,and at the same time stipulate the corresponding state obligations.Looking at the current situation of China's housing assistance legislation,there are some problems,such as lack of special legislation,fragmented legislation and low level of effectiveness.By reviewing the legislative evolution of housing assistance in major foreign countries,it is a common law in the practice of housing assistance in many countries to promote the cause of housing assistance through legislation.China should grasp the formulation of housing assistance law,adhere to the concept of right standard,and take the protection of housing assistance rights of people with housing difficulties as the purpose and value orientation of housing assistance legislation,establish the basic principles of government responsibility,basic security and the combination of fairness and efficiency,and provide comprehensive legal system supply for housing assistance around the planning,supply,distribution and supervision of housing assistance.As a kind of social right,the right of housing assistance depends on the active implementation of housing assistance payment by the administrative organs,which is the key to the transformation of the right of housing assistance from the ought to be right to the actual right.The housing assistance in China has gone through the process of narrowing from narrow to enlarged and optimized.In terms of defining the object of protection,we should further optimize the entry standards such as family income standard and housing difficulties standard,follow the principle of prohibiting improper connection and prohibit household registration restrictions and other unreasonable restrictive conditions.In order to accurately identify the object of housing assistance,we should further optimize the audit subject,innovate the verification methods,and standardize the publicity system.The payment mode of housing assistance in China has gone through the development process from low rent housing to public rental housing,from affordable housing to common property housing.In the future,we should also improve the public rental housing system by expanding financing channels,ensuring land supply and increasing housing supply,establish and improve the closed circulation mechanism of housing with common property rights to prevent the loss of housing assistance resources.At the same time,we can try to introduce foreign housing voucher mode to improve the flexibility of housing assistance payment mode.The administrative process of housing assistance payment should be guaranteed by legal procedures.At present,there are some defects in housing assistance payment in China,such as emphasizing the entity rather than the procedure.Based on the principles of openness,participation and justice,the construction of due process of housing assistance payment in China should focus on improving the information disclosure system,hearing system and explanation system of housing assistance.The realization of the right has its reasonable limit,and exceeding the reasonable limit may constitute the abuse of the right.In practice,it is mainly manifested in the following situations: the object of housing assistance subletting or reselling the security house or changing its use,idling for a long time without any justifiable reason or defaulting on rent,refusing to quit when no longer meeting the security conditions,and so on.To regulate the abuse of housing assistance rights and optimize the allocation of housing assistance resources is more conducive to the full realization of housing assistance rights for the people with housing difficulties.At present,the lack of administrative supervision and cooperative governance in the field of housing assistance makes it difficult to regulate the abuse of housing assistance right.We should strengthen the administrative supervision of the abuse of housing assistance right by establishing regulatory principles,improving the system and mechanism,innovating the regulatory model and implementing joint punishments,optimize cooperative governance by reshaping the violation reporting system,implementing the regulatory outsourcing,and strengthening the industry self-discipline management,so as to ensure the proper exercise of the housing assistance right of specific groups within a reasonable limit.The relief of housing assistance right is an important link to guarantee the realization of housing assistance right for the people with housing difficulties.Although there is a theoretical debate on the justiciability of social rights such as housing assistance right,it has been affirmed directly or indirectly from the perspective of extraterritorial legislation and judicial practice.In China,it is not realistic to relieve the right of housing assistance through constitutional litigation in the short term,while the current administrative procedure law provides space for the interpretation of the right of housing assistance through administrative litigation.Administrative relief and judicial relief are the two basic ways of housing assistance right relief.In terms of administrative relief,administrative reconsideration has not yet become the main channel to solve the administrative disputes of housing assistance.The relief of housing assistance right is not effective.There are some problems,such as narrow scope of reconsideration,non independent reconsideration organization,unfair reconsideration procedure and unreasonable way of closing the case.The judicial relief of housing assistance right in China is facing some difficulties,such as the weak review of normative documents of housing assistance,the ineffective relief of disputes in housing assistance agreement,and the lack of administrative public interest litigation system of housing assistance.Therefore,we should start with the reform of administrative reconsideration,the improvement of the procedure of administrative reconsideration,and the improvement of the procedure of administrative reconsideration.Strengthening the judicial review of the normative documents and agreements of housing assistance and constructing the administrative public interest litigation system of housing assistance are the feasible to improve the administrative litigation system of housing assistance.