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The Humble Opinion Of The House Guarantee Right For The New-Generation Migrant Workers

Posted on:2012-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:L F WangFull Text:PDF
GTID:2216330344453470Subject:Constitution and Administrative Law
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In 2010, the new-generation migrant workers appeared in the official documents for the first time and arouse our enough care and attention for this special group. The new-generation migrant workers mean those floating population who were born in the 1980s'or the 1990s', possess the rural household register but work in the city. The difference between the new-generation migrant workers and the old ones is that they have new values, and this urges them to leave village to become urbanites. House is the basic requirement of people. To ensure the basic rights of possessing a house is the essential condition for the new-generation migrant workers, who are in the role of " double marginal man", to survive and develop. In this article, from data investigation and on the basis of comparison and analysis, we can draw that house renting is the universal living way of new-generation migrant workers. The outstanding problems that restricts the realization of housing security of new-generation migrant workers are that there are not specific rules for the rights of housing possession and housing security in law the of our country, there is no complete and unified law system for the housing security, and the new-generation migrant worker are not accepted by the current housing security system. On the basis of two advanced foreign models of housing security in America and Singapore, the author summarizes some countermeasures for the realization of housing right:first, publish specialized regulations about housing security and raise them up to the legal aspects; second, strengthen the governmental responsibility and make the government be the subject of housing security; third, consummate the system of housing fund and lower the threshold to get loan for the people in the low and middle brackets, meanwhile, explore other methods of financing and house warrant actively. At last, the author presents some methods to realize the right of housing security for the new-generation migrant workers:restrain the right of house guarantee of people by law and provide legal guarantee for the new-generation migrant workers; strengthen the subjective position and the responsibility of government during the realization of the right. The countermeasures:first, the right to shelter should be written in the constitution of the people's republic of china. The author suggests that we should formulate clearly that "the rights to shelter is the basic rights of Chinese citizens, and the nation has the responsibility to ensure it" in the form of constitutional amendment. Second, publish< The Laws of House Guarantee), it is the critical path to realize the housing security rights for the new-generation migrant workers. The publishing of this law enables them to realize housing security rights in the legal way. Third, the governments should strengthen their responsibilities as the subject on the way of realizing the house rights for the new-generation migrant workers. First, we should widen the limited conditions of the indemnificatory houses and admit the new-generation migrant workers who accord certain degree, then turn'Brick subsidies'to'Head subsidies', enhancing the ability of the new-generation migrant workers to purchase the houses. At last, enlarge the scope of application of the housing fund to the new-generation migrant workers, which could effectively ease the burden of the government and also increase the ability of the new-generation migrant workers to purchase the houses. According to the content above, I hope this research could do benefits to relevant government departments and practical workers, to assure the peasant workers to enjoy the achievement of our society, and to realize an equal, harmonious and happy country.
Keywords/Search Tags:new-generation migrant workers, housing security, human rights
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