Discussing The Ensuring Housing Legal System In China

Housing is the basic human survival demand.In recent years, the housing problem has already become a big issue,which has affected the harmony and stability of the society. To guarantee each person in society realizes "the tenant to have its room" should be the responsibility and the duty of the nationality. It is important measure to fulfill the obligations by establish and perfect the ensuring housing legal system.The ensuring housing legal system embodies the following legal principles in two aspects including constitution and economic law. In the eyes of the constitution, the right to adequate housing belongs to the basic human rights. Constitution is the declaration book of citizens ' basic rights. Protecting the right to adequate housing should be the basic demand of the constitution. The right to adequate housing should be confirmed by the fundamental law of our country .In the eyes of the economic law, the housing problem can not be solved only by the market, it need the national intervention to meet the housing need of lowest-income people and promote the realization of social equity.The ensuring housing legal system of our country is mainly formed by the affordable housing legal system and low-rent housing legal system. Because of the flaw of the legislation and the lack of the related system, the ensuring housing legal system in our country has many problems in practice. For example, vacancy for the government functions, it is difficult to define security objects, narrow limits of the security object of the low-rent housing, there is no unified management organization , fund input is insufficient, the coverage rate of the ensuring housing is low, the ensuring housing selects site improperly, the exit mechanism and supervision mechanism is imperfect , etc. Therefore, it is urgent to improve the ensuring housing legal system. In the macroscopic aspect, at first, legislative principles of the ensuring housing legal system should be defined, and the right to adequate housing should be clearly stipulated in the constitution of our country. Secondly, for planning, guide the construction of the ensuring housing legal system, our country should make"Housing Act"and its detailed rules for implementation. In the microscopic aspect, the security objects, the guarantee standards, the guarantee model, the Source of the security funds, the Special management organization, the supervision mechanism, the access and exit mechanism, and the legal liability should be clearly defined.