Adequacy Of Housing Rights Of Judicial Relief For Research

The right to adequate housing is one of the basic human rights that everyone should enjoy. It is a minimum right that everyone has to maintain their dignity to live. To explore the solution to the housing problem,"How to achieve the right to adequate housing" enter into our research project."the right to ensure housing","fair housing rights","comfortable housing rights" are the basic contents of the right to housing. Right to adequate housing is a basic human right. It has the theoretical and practical necessity that the right to adequate housing should be judicial relieved.Right to adequate housing is a social right category. It has a double right properties, positive rights first, negative rights second. Therefore, it is necessary for countries to fulfill the dual obligation to protect the positive and respect the negative, especially protecting the vulnerable groups positively. The right to housing has not in the Constitution in China. To promote the realization of citizens’ housing rights, it is suggested that it should be a constitutional right as soon as possible through the way of legalization or constitutional interpretation. The social rights do not belong to the universality of individual rights in the traditional concept of human rights; As a result, the rights to adequate housing dose not have the judicial applicability in the way of relief. In view of this, we can assess the possibility that the right to adequate housing can be complained from the four angles of the "right dichotomy","right cost", the possibility that the right to adequate housing can be carried out and the "judicial intervention in administration".Currently, people gradually realize that the whole rights are interrelated. Freedom and social rights are not isolated existence. It is impossible that one of them can protect another category of rights abstractly when it escapes some of these rights, and then, some countries and regions develop the judicial relief to the right to adequate housing in the possible context. The perspective of national housing rights jurisprudence, drawing on the advanced experience of developed countries, the collective complaints system, the extension interpretation of social rights, public interest litigation, affirmative remedies as well as the rights of residence that can be defended are some possible ways to realize the right to adequate housing.