| The right to adequate housing is a human right, and it has been confirmed by a series of foreign legislation and international conventions which China has acceded to. China has established housing security system to protect the dwelling right of low-income urban citizens, such as economic and functional house, low-rent housing system. With the development of economy and urbanization, the population of city rises rapidly. But with some limitation such as household registration, migrant workers, newly employed people and some low-income citizens can not apply for economic and functional house, their dwelling right cannot be realized.To solve the housing problem of the "sandwich class" groups, the state build the public rental housing system.Public rental houses are invested or provided policy support by the government, built and owned by the government, enterprise or other institutions, whose size and construction conditions are limited according to basic living needs, and sailed slightly lower than the market price to urban lower-middle income families with housing difficulties, newly employed people and migrant workers who can’t solve the housing problem through the market in a certain period of time. Public rental housing system which broke through the household registration restrictions to some extent, and bring "sandwich class" into the scope of housing security, filled the blank of China’s housing rights protection system. So it is a landmark of protecting the right to housing of our citizens. Research on the problem of our citizens’right to housing at present stage from the perspective of public rental housing system is full of practical significance. At present, public rental housing system in China is still at the exploratory stage. Different regions formulated different managements and formed different modes, and also there are a lot of the problems in the implementation of public rental housing system. So it is necessary to improve the system based on the housing right. Theoretical Construction on public rental housing system based on the right to adequate housing, and to explore ways to improve the legal system of public rental housing from the legislative and judicial, have the theoretical value and practical significance.The first part of the content is on the connotation and nature of the right to adequate housing and the source of state’s obligations to protect the citizens’ right to adequate housing. The states have an obligation to protect the citizens’right to adequate housing as an important human rights, and discusses China’s established range of housing security systems that housing help to protect the right to adequate housing, also analyze the deficiencies of them. The second part analyzes different regions’ public housing rental model after outlining the main contents of the national and local normative legal documents on public rental housing. The third part studies how to build public rental housing system, focus on improving the system from recognizing subject qualification, lease rights and obligations, the exit mechanism, and analyze the rights and obligations of public housing lease between the lessee and lessor according to the normative legal documents of the existing public rental housing and related theories, and the differences between them and the parties rights and obligations of the normal rental housing relations. Then the fourth part gives the answer to how to improve public rental housing system in China from a legal perspective, points that our country should be a special chapter in the form of the Housing Act provides for public rental housing system, and also analyzes the related contents of the Housing Act. Housing Act should be legal provisions designed to safeguard the citizens’ right to adequate housing for the purpose to improve the legal system of public rental housing. When rights to housing and related lease rights are violated, the subjects of rights can obtain relief through legal channels. |
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