Research On Constitutional Protection Of Citizen’s Dwelling Rights In China

Dwellings, physically speaking, serve as the basic material goods for living anddeveloping, while psychologically speaking, serve as the harbor of spirit. Dwellings satisfythe physical needs for safety and free from external distraction and psychological needs forprivacy. Dwelling right is a compound right, which include residential liberty and theresidential guarantee from Public Law point of view. Residential liberty emphasizes “right ofnot being restricted” while the residential guarantee emphasizes on “right of possession”.However, the realization of dwelling right in China is not satisfying for the housing priceremains high, the amount of indemnificatory apartments is far from enough and public rightsof states violate the dwelling right from time to time. Therefore, besides protected by generallaw, dwelling right should also be brought into protection system of the constitution.Residence problem is a comprehensive social problem, concerning economy, legislation,architecture, management, etc. However, previous studies mainly were based on economics,management, architecture and sociology, lack of the legal respect. Besides, scholars prefer tothe private law, resulting in the lack of the study on public law with respect to dwelling right.Even in the limited studies, they are in favor of residential guarantee discussion. Therefore,this paper tries to make up for the research, and rise the protection of dwelling right to theheight of the constitutional jurisprudence, starting from the analysis of the basic theory fordwelling right and the investigation of Chinese and foreign constitutional text, will distinguishthe residential liberty and residential guarantee, the expecting to develop a further research onthe basis of holding this concept comprehensively.This paper, besides introduction and conclusion, are made up by four parts:The first part elaborates the basic theory of dwelling right. It defines the basic meaningof dwelling right from both the public and private laws, and explores the basic properties ofdwelling right in further by comparing the concepts of the right to adequate housing and theright of habitation. In addition, it elaborates the composition of dwelling right from thesubjects of the right and obligation and the basic content of the residence rights. The second part studies the meaning and significance of the constitutional protection ofdwelling right. Based on the investigation on the constitutional protection of dwelling right inforeign countries, the enlightenment significance to our country is further analyzed. In thispaper, the constitutional protection of dwelling right is analyzed and discussed from threeaspects. This paper argues that the constitutional protection of dwelling right is required byhuman rights and called by the reality, it is the inevitable choice conforming to theinternational trend.The third part investigates and analyzes the problems in the constitutional protection ofdwelling right in our country and reasons thereof. It investigates the history of theconstitutional protection of dwelling right from the found of New China, to provide historicproof for the recognizing and developing dwelling right. It studies the realistic problems inthe constitutional protection of dwelling right in our country and analyzes the reasons thereof.Due to the inadequate protection from constitution, missing of guarantee in the common law,lack of effective supervision in public low and imperfect of the social security system, thepoor constitutional protection of dwelling right is caused.The fourth part puts forward specific strategies for the constitutional protection ofdwelling right in our country. This paper argues that constitutional protection of dwellingright in our country can be improved by setting up the authority of the constitution,comprehensively realizing the action ability of dwelling right, setting down the legislation onresidence rights protection, improving the government liability in protecting dwelling rightand strengthening the social protection of housing. In order to make up the existinglimitations of the study, this paper also analyzes specifically the protection to emigrantresidence right and the collective residence right, to ensure the comprehensive study.