Citizen Housing Rights Legislation Protection Research

In2010, China’s Ministry of Housing and Construction had organized the drafting of"Housing security law", which was included in the legislative program plan andannounced to implement in2013. However, in2012the Ministry of Housing andConstruction had issued a statement saying that there were many difficulties in thedevelopment stage, the " Housing security law " would enact administrative regulations.Thus, in the case of citizens housing right as the basic human rights had been gottenattention of the legislature, many theoretical and institutional obstacles remained torealize the basic legislation as before. Therefore, carding the study status of residentialrights legislation at home and abroad, will be great benefit for the formulation andsubsequent implementation of China’s " Housing security law".Citizens housing right as a social right in the development rights, the mainimplementation responsibility body of it is the state, the state’s positive administrativeaction must be exercised in accordance with its legislation. Based on this, the formulationof citizens housing right as the basic rights into law is a way to achieve the housing rightof citizens. Compared with international legislations to protect citizens housing right, itmakes a contribution to the progressive establishment of legislation to protect citizenshousing right system in the line with China’s national conditions. Therefore, this paperintends to analysis the citizens housing right in legislative protection specifically fromfour parts:The first part analyses the citizens housing right in the jurisprudence, legalanalysis provides a theoretical basis for legislation to protect the citizens housing right.Citizens housing right is turned out one of social rights, by the legal definition of thecitizens right to housing, the specific rights constitution and comparing with related civilrights.The second part demonstrates the necessity and feasibility of residential housingright legislative protection. Necessity is the basic property of citizens housing right,legislation to protecting basic human rights is a fundamental obligation of the stateassumed in the international law, and also improving the basic requirements of acountry’s legal system; feasibility is to achieve the legislative protection of citizenshousing right by drafting the Constitution and by acting on government and individual. The third part introduces the international status of legislation to protect the citizens’right to housing, through the study of international organizations and other nationallegislation to protect citizens’ right to housing, summarizing the inspiration for legislationto protect our citizens’ right to housing. The inspiration will provide an implementationpath to establish a system of citizens housing right legislative protection.The fourth part discusses the path to achieve our citizens housing right legislativeprotection systematically. Citizens’ right to housing as a basic human rights, protected bylegislation must first be achieved in the Constitution explicitly that declares citizens havea positive right to housing, while the statutory provision obligation to protect citizenshousing right is the state. Secondly, citizens’ right to housing as a social right, its mainpath to achieve is implementing the specialized social right legislation-" Housingsecurity law." This article will discuss citizen housing right protecting from the specificaspects of the system to build in the " Housing security law ". Finally, the reality ofprotection citizens’ right to housing legislation, also need to supplement the relatedlegislation supporting.