On The Right To Housing And Its Remedy

The right to housing is a social right, has been included in the second generation human rights category.It has a positive right to housing property and a negative right to housing property. Countries can not shirk its responsibility to meet the needs of citizens housing, especially for vulnerable groups. But now, the right to housing in China is not in the constitution, and influenced by the traditional concept of social rights being not sued.So it makes our country lacking of the judicial remedy of the right to housing. The country should protect the citizens’ to housing through the direct remedy and indirect remedy. And such protection does not originate from the moral level, but the national responsibilities and obligations. In views of the above, discussing the housing is actionable or not, and all the judicial remedy of the right to housing, according to China’s basic national conditions. So it improves the remedy measures of housing rights.This paper is divided into four parts:The first part is about the analysis of housing rights theory. Divided into the meaning housing rights, housing rights of property and the right to housing of the suability of three parts. Discussing from the housing rights meaning content and the right to housing and the right, expound the housing right to the direct. Outlining the human rights attribute of the right to housing and protecting. The emphasis on whether it is actionable or not.So we show the housing rights is sued.The second part compares and analyses extraterritorial the housing rights’ the judicial remedy.Describe of the situation of the housing right in judicial relief path, and review it.The third part mainly is about the lack of China housing judicial remedy. Mainly about the Constitution and the law (this refers to the narrow sense) is not clearly stipulated the right to housing and some the housing rights related content is lack of judicial remedy and effectively guarantee.The fourth part is about the extraterritorial experience and according to the basic situation of China, provides paths to perfect the judicial remedy.