The Right To Adequate Housing From The Perspective Of Jurisprudence

The first ten years of 21st century will be ten years of rapid economic growth in china.Accompanied by economic growth,the house prices have soared all the way.House is too expensive and paying the house is too difficult that have upgraded rapidly to a social problem,even a political problem which concerns social stability from an economic problem.The central government of China worked out a number of regulation of house prices and increased the social security policy on housing in 2010.The broad of the policies covered and the regulations underlines that the cpc central committee and the state council attach great importance to adequate housing right of the people.2011,Shanghai and Chongqing began trial of real estate tax that highlighted the governments at all levels attach great importance to the housing problems and the urgency of the reform of the current protection system on adequate housing right.From the academic view, the study on adequate housing right has developed to a famous study from a unpopular one.Works of scholars gradually increases.The right to adequate housing is a basic human rights which is mentioned in a series of international treaties as "International Covenant on economic, social and cultural rights".It is also a right which everyone can maintain their minimal level of living of dignity.The rights as "the right to protect their house", "the right to get house equally" and "the right to live comfortable" is the core connotation of the right to adequate housing.The first part of the article started from an analysis on the connotation and extension of the adequate housing right,and mentions that the adequate housing right is an important part of modern human rights,the developed counties attached great importance to the protection of citizens' adequate housing right.The second part of the article briefed the beginning and the history of the adequate housing right,focused on analysis the systems of protecting the adequate housing right represented by the UK as the liberalism mode and the one represented the Germany as the law society mode. the two modes are the most typical mode of protection to the adequate housing right in Europe.These two kinds of systems have significance for the establishment the protection system to the adequate housing right with Chinese characteristic.The third part of the article started from the brief ancient China's unique tradition on the housing right protection,and introduced the protection system of the R.O.C,especially the legal practice as the land law in1930. It can provide a historical reference to building a protection system of the adequate housing right adapting China's specific national conditions.The fourth part of the article introduced the development and experiences of the protection of the adequate housing right since 1949.Seeking historical reasons for the housing problem at this stage.The fifth part analyse the legal theoretical basis of building the China's protection system on the adequate housing right.Use an empirical analysis on typical case as the Datong coal group Comprehensive treatment of mining subsidence area and squatter settlements improvement projection.Contraction current status of china's housing rights protection, made to ensure that housing fair as the core, under the guidance of the principle of efficiency, emphasize the government's macro-control over the real estate market, strengthen the building of housing lease market as the main body and to actively advance the building of public housing, construction of benefiting the people's housing savings system for the protection of the adequate housing right security system reform with Chinese characteristics.