Research On Legislative Guarantee Of The Right To Adequate Housing

Human rights are the rights which should be enjoyed by humans according to the natural attributes and social properties, meanwhile, the contents of human rights which are enriched continually along with the economic and social development are determined by the feature of openness of human rights. Especially after the Second World War, with the incessant push of the international organizations headed by the United Nations, not only the social, economic and cultural rights of the citizens have been gained the general acceptance by the national legislation in different countries, but also the security practice of the rights even has been made rapid progress. Furthermore, as one important component of the social and economic rights, the right of adequate housing has drawn high attention within the theoretical circles and gained great concern by different governments in the world. Especially under the circumstances of the aggravation of the global housing crisis, the nature of rights and the way of guarantee concerning the rights to adequate housing have become a heated topic in recent years in the academic field.This thesis is divided into four chapters with a total amount of 25,000 words.Chapter one observes the basic theories about the rights to adequate housing. In light of the multiple attributes of right to adequate housing, the writer firstly explains this problem from the perspectives of the public law and the private law as its starting point. And then after the research on the international and regional texts of human rights, the definition of the right of housing is given. Based on the definition, the writer observes the historical evolution of the right to adequate housing so that to have a deeper understanding of the essence of the right of adequate housing. In addition, given the debate that whether the right of housing belongs to the social right in the academic field, the thesis has a brief argument on the nature of the right of housing as well. Finally, the thesis explores a detailed analysis to the essence of the right of housing, with a special focus on the characteristic of ADEQUACY of the right of housing to state the contents of it.After the analysis to the right to adequate housing, chapter Two mainly discusses the necessity and feasibility of legislation. As one important component of social rights of the citizens, the right to adequate housing should be satisfied in terms of the modes of human rights. Especially at the background of the globalization of protecting the housing right, in light of the essence of the international and regional protection of housing rights along with the specific conditions in China, it is necessary to quicken the steps of the construction of the regulations of protecting housing rights. The practice of which is not only the necessity of performing the international obligations about the housing rights, but also accords with the global trend of the global protection of housing rights. Moreover, the legislative protection of housing rights is the requirement of the housing guarantee of our country. We all know that it is not so optimistic of our country's housing protection, and the problem of housing has become a critical political problem influencing the economic growth and social stability. All in all, the roots of the aggravation of this problem result from our ignorance about the nature of housing rights of people along with the lack of the legislative protection of housing rights. Therefore, it is proper and necessary to have a clearer understanding of the attributes of housing rights and to perfect the regulations of housing rights.Chapter three mainly investigates the constitutional guarantee of the housing rights. Through the investigation of the protected modes of the constitution and the common laws of the right to adequate housing, from the points of the features of our political regulations and legal systems and combined with the conditions in our country, the thesis proves that in China, we should adopt the protected mode of the constitution to consolidate the basic rights of housing in the form of constitution. At last, the abstract right to adequate housing can be guaranteed in the form of a fundamental law.Of course, the realization of human rights regulated by the constitution needs formulating specific laws and regulations by the legislative bodies. Therefore, chapter four mainly studies the common legislative construction lead y the constitution, makes it clear that our nation should build a general legal system with the core of Residential Law and with the support of the complementary laws and regulations. Through this practice, the regulations of human rights generalized by the constitution will be made more specific and tangible.