The Constitution Guarantees Of The Residential Right In Our Country

Residential right is a right that gradually established and developed with the progress of human society. it is not only the results of human developing society but also have changing on the connotation and extension with the continuous development of human society. It covers all rights related to housing that people should enjoy. The right to housing reflects a degree of civilization of the country and society. The right to housing in the Constitution of the level of protection, either from the perspective of individual citizens or from the perspective of national and social development will undoubtedly have important significance.First,this paper discussed the connotation of the right of residence, as a basic human rights to begin with the overview.As other basic human rights, it produces along with the continuous development human rights theory, and its intension is deepened, also the content increasingly become rich, gradually developed into a large power system.Then the paper discuss the theoretical foundation of the right of residence and discuss why the right of residence should be protected in the height of constitution. The right to housing is the development of the product "free" theory and according to the national welfare policy, Guarantee citizens’basic life in difficult conditions is the duty of the state.Later in this paper discuss the present constitutional protection situation to the right of residence in our country, researching the insufficient of China’s constitutional guarantees. First of all, there is a deviation in learning the constitutional provisions, the regulation about the right of residence is not complete in the constitution. It is not conducive to determine the constitutional status of right of residence. At present, China to protect the right of active and passive residential housing rights are not perfect, and the state compensation system is not perfect, does not play a role in protection of housing rights.Finally, aiming at the shortcomings of the right of residence in our country constitution protection, put forward the Suggestions of perfecting our country’s housing rights constitution guarantees, mainly divides into four aspects: perfecting the provisions of the constitution of our country and Improve the security system of active and passive right to housing.Building residential housing rights compensation system against country. In the process of solving the problems it is introducing foreign constitution, sums up the experience and lessons from foreign constitution, better service in order to establish our country’s constitutional safeguard system.This article hope to cure in accordance with the spirit, arouse the attention of the citizens to their private rights, and promote the national public power, respect and protection the private rights. it also provide the theoretical reference to the improvement of the system of protection the right of residence.