On Housing Rights And Practice In China

Housing right research will be the most eye-catching topic among economic,social and cultural right research as housing rights develop quickly in theinternational field.Housing right means that citizens are right to possess houses that are affordable,suitable for living, well equipped, and with good infrastructure, safe, healthy,dignified, regardless of discrimination.Housing right is a basic human right. In the basic human right system, whichinclude economic, social and cultural right, housing right belongs to social right,also, it is an independent right, differing from habitation right, property right andhousing right of exempting from violation. Citizens housing right belongs to livingright, which means everyone has right to obtain houses to maintain life. Clothing,food, housing and traveling are basic for living, it will threaten living right if anypart of right fails to be fulfilled. Housing right is the basic human right, we can notprovide sound system protection for the realization of housing right, and laid a solidlegal foundation for peoples’ good wish and practical requirement for “living andworking in peace” without legal support to house protection. Housing rightbelongs to social right and has double attribute. Positive right is in the first placeand negative right is secondary, therefore, the nation is required to discharge doubleobligations of positive protection and negative respect which are shown in threelevels: legislation confirmation, legal relief and administrative protection. Currently,there are problems in Chinese housing protection policies: unequally covering,deviation from object and polarization. Based on these problems, the authordiscusses the reason in the perspective of policy designing, defective housingprotection system, tax system and property registration system etc, and proposesthe idea of Chinese housing policy in the perspective of housing right which is apart of human right.