A Study On Indemnificatory Housing System From The Perspective Of Administrative Law

Clothing, food, housing and transport make up the basic needs of all people and they are also considered as the basic human rights. Since the late 1960s when China started to try to reform the housing benefit allocation system, after thirty years of development, the degree of the housing industry's marketization and commercialization in China has been increasing, most peoples'housing problems have been solved, the per capita house area has also enjoyed a substantial increase and the housing conditions have greatly improved too. Not only does the commercialization of housing stimulate economic growth, but also it brings some negative impacts. Driven by the interest, house price continues to rise in recent years, especially in some large and medium-sized cities, house price far exceeds the capacity of the vast majority of residents, some residents are even unable to meet their basic housing needs through their own efforts. Housing problem has evolved from an economic problem into a serious social problem, people's need for adequate housing has transformed into the demand for housing rights. The increasingly serious housing problem in China has affected the harmony and stability of the society. To ensure that everyone in our society has their own house to live is the responsibility and obligation of the government. To establish and improve the legal system of indemnificatory housing is an important measure for the government to fulfill its obligation.As part of the social security system, the indemnificatory housing system has its own features. It's legal basis can be reflected in constitutional law and administrative law. From the perspective of constitutional law, housing rights is a basic human right, the basic principal of constitutional law is to protect human rights. To establish and improve the legal system of indemnificatory housing is conducive to achieve the purpose of constitutional law. From the perspective of administrative law, according to the theory of state responsibility, the government should play a leading role in the construction of indemnificatory housing system. The government should change its concept that protecting human rights and enhancing people's happiness of living is an important standard to appraise the achievement of government.Affordable house and low-rent house are the two most significant kinds of indemnificatory houses in China and are stipulated by many provisions. A detailed analysis of these two indemnificatory houses will be helpful for us to have a better understanding of the indemnificatory housing system. Through an analysis on the affordable housing and low-rent housing system we can find that there exists some defects in the indemnificatory housing system of China, such as the imperfection of the legal system, some house properties'titles are not clear, lack of market access and withdrawal mechanism, lack of supervision mechanism, etc.The improvement of the legal system of indemnificatory housing is an significant part for the construction of the indemnificatory housing system. By studying the indemnificatory housing system at home and abroad, we will find a better solution suitable for China. We should make indemnificatory housing laws and improve relevant laws to improve the indemnificatory housing system of China so as to protect basic human rights.