On The Improvement Of Housing Security System Of China

Housing security belongs to administrative supply, and the government’s providinghousing subsidies or directly providing rent houses to qualified families is a part of theadministrative supply, which is a typical benefit-granting administrative behavior. In termsof the citizens, housing security system focuses on ensuring them to acquire the right tosufficient house and the relief when their rights were infringed; while in terms of thegovernment, the core of the housing security system is to ensure the sufficient houses forcitizens by legislation and enforcing the law, and to undertake the responsibilities when itfails to perform its duties.The history of Chinese housing security system is the process of citizens’ the rightto adequate housing develops from nothing, and being respected and protected step bystep; and the government’s gradually shouldering the responsibilities of ensuring housingsecurity. With the intensification of the contradiction between the rising housing pricesand the citizen’s basic needs for housing, the government has continuously improvedhousing security system and it has formed a multilevel housing security system whichtakes the low-rent housing, the affordable housing and the public rental housing system asthe main content, as well as paying attention to the rural housing security. Concerningabout the citizens’ the right to adequate housing and the government’s responsibilities ofensuring housing security, this paper points out the seven problems of the housing securitysystem, which include the deviation of the orientation, the defectiveness in legislation, theneglecting of guilds and non-governmental organization’s power, the unscientificsubstantive rules of legal system, the irregular procedural requirements of legalsystem,the unsound supervision mechanism and legal responsibility mechanism and thelack of relief system. And the reasons that caused these problems are as such thatgovernment’s lacking responsibility and housing security plan, the restriction of thetraditional conception and the administrative supply’s legal control theory, and thedemocratic deficiency in the formation of the housing security system. Therefore, thispaper proposes the overall objective of establishing a coordinated housing security systemin both urban and rural areas through transforming the ideas about housing security as well as improving the theory of administrative supply, learning from domestic andadvanced foreign practices in implementing the housing security system and referring tothe basic theories of housing security and principles of administrative law by consideringthe target location of housing security and the legal control of administrative supply. Inaddition, it suggests that a long, effective and scientific plan of housing security be madeand the housing security system be improved by strengthening the substantive legalsystem, the procedural law system, the administrative remedy system, the oversightmechanisms and the bearing mechanism of legal liability.