Research On The Protection Of The Resident Right In The Removal Of Illegal Buildings

Residence as a right to life, is fundamental and essential human right. It is a basis for protection of other rights. Protect the citizens right of residence, not only to protect the citizens right of residence are not subject to unlawful infringement, but also to protect those living in the homeless the right to adequate.In the process of urbanization, No one country can hardly avoid the emergence of illegal buildings. the removed of illegal buildings which was triggered the civil rights of residence are also increasingly affected by social security of all the attention. In the removal of illegal buildings, citizens right of residence mainly refers to the homeless residents due to the removed of illegal buildings, require the State to provide basic housing opportunities and protect their rights of access to basic living conditions. Undeniably, the presence of illegal buildings, bringing the safety potential of urban development, increasing the difficulty of urban management. Therefore, the government's demolition of illegal buildings have also been seen as the need for security and order, but due to the removal of illegal building issues relating to civil rights of residence, not to protect the right of abode in the civil case, ventured on the illegal building for demolition, will lead to some citizens homeless, displaced, which is not conducive to the protection of civil rights to survival, is not conducive to the current construction of harmonious society.As matters stand, because the lack of the portection concepts about citizens right of residence, resulting the protection of citizens right of residence has not been given due attention in the removal of illegal buildings. Meanwhile, China's Constitution stipulates faultiness,"Housing Act"vacancies and the relevant legislations distemperedness, Administrative execution unreasonable, The judicial remedy deficiency, and the slow pace of building civil society, led to the removal of illegal buildings in China to protect serious deficiencies in the civil rights of residence. Illegal expulsion and barbarous backout is prevalent, and demolish illegal buildings with "zero compensation," After the demolition of illegal buildings, civil right of residence can not get relief and protection, these have become the outstanding problems the protection of citizens right of residence in the removal of illegal buildings.With the development of human rights protection, the protection of citizens right of residence in the removal of illegal buildings is not only the need to protect the citizens right to life, but also is required to fulfill its international obligations under the Convention. Some countries and regions have adopted that the Constitution and the relevant social security legislation clearly defined national responsibilities and obligations about the protection ofcitizens right of residence, approve the judicial remedy to the civil rights of residence in the country judicial practice. The paper start from the protection of civil rights of residence, by confirming the civil rights of residence in the removal of illegal buildings, analysis the problems and reasons about the protection of citizens residence right in the removied of illegal buildings. with the reference extraterritorial practical experience, on how to protect Demolition of illegal construction in China put forward their own citizens right of residence of some ideas, including the development and improvement of relevant legislation, start the constitutional review mechanism, and improve the administrative remedy mechanism...