Research On Legal Protection Of The Right To Housing

Right to housing refers to the property and personal rights related to house, and the rights to obtain discrimination, affordable, suitable for human habitation housing. Citizens have the rights to be avoided from forced eviction, harassment or other threats in their house. Citizens’houses themselves are not allowed to be violated. Our existing legal system has a limited security sense as property rights. But housing rights remedy is not strong enough as a kind of human right and social right, and can not get adequate legal safeguards, which need to explore theoretically and to improve in legislation. Meanwhile, citizens have the equal right to obtain affordable housing to meet the basic living needs, which is in line with the level of economic development. The lower-middle classes residents can apply for help from the government, which depends on the establishment, improve and effectively implement of a national residential security systems. It not only has significant practical meaning for the survival and development of individual citizens, but also an important criterion for testing the ability and level of public governance to correctly understanding the protect and security issues of housing right, to avoid the violate of property rights and basic human rights, guarantee all citizens the right to social survival, to establish a housing protecting and security system under socialist market economy with Chinese characteristics, and run it into legal track. This paper is divided into four parts to analyze the citizens’right to housing in China:First part of this paper defines the concept of the right to housing. The right to housing for all members of society is the right to live in residence and to improve residential conditions gradually. The right to housing has both the meaning on private law and social security law, and the meaning on social security law is more important. The right to housing based on the material property of human society, the specific content of it is restricted by the social and historical conditions.The second part describes the successful experience of the developed countries to protect the citizens’right to housing. Specifically, unified legislation is the fundamental guarantee for citizens’right to housing. Marketing system of housing supply combined of housing security system is the guarantee of citizens’right of residence.The third part describes the status and problems of our citizens’right to housing. As a basic human right, the right to housing has been widely recognized by the international community. As a party of Covenant on Economic, Social and Cultural Rights, legal system of the right to housing in China is still very weak. In private law, the right to housing is mainly protected as the kind of property rights. Moral related rights can not be effectively protected, which can not play the role of social security. The social security system in China related to housing rights are still in exploring, those policies are from different departments and in constant changing, which seriously affect the stability of the systems. And housing security obligations on the government are not enacted in law, related policies’effectiveness is too low. Residential security objects are seriously misplaced.The fourth part put forward the strategies to safeguard our citizens’right to housing. It should timely introduce the Housing Act based on summarizing the experience of existing systems, to establish a national unity, higher effectiveness residential security system to grantee the lower-middle class without discrimination. Housing quality guarantying and housing maintenance system should be further strengthened. It should further improve public rental housing and low-rent housing system, to realize merge of them, to reduce and stop the construction and selling of affordable housing.