The Protection Of Citizens’ Housing Rights Under The Perspective Of Constitution

Housing rights means the citizens have access to safe, healthy, adequacy house, which isinviolate. As one of the basic rights, it has an integral sex, from illegal violation andconditionality. Because of the basic rights both containing negative and positive, housingrights also contains negative and positive. So it includes negative housing rights and positiverights. The fulfillment of negative housing rights is the requirement of national negativeinaction, intended to prevent violation of the public power. The fulfillment of positive housingrights is the requirement of national positive actions, which rely on the operation of publicpower and relevant policies. With the development of the society, in the process ofurbanization, the security problems of citizen’s housing rights is increasingly highlight,causing the wide attention from the international community. There are more than fiftycountries in the world have the housing rights in the fundamental law, aiming at protection ofhousing rights. In the while,Along with the house’s marketization of our country, the security housing rights of thecitizen is becoming more and more serious. Now, there are two aspects which are residentialproperty and residential privacy seriously violated in the negative housing rights. In terms ofresidential property, due to the vague concept of "public interest" and the unreasonablecompensation, lead to civil residence is not out for the purpose of ‘public interest’. In terms ofresidential privacy, the residential privacy is seriously violated because of widespreadphenomenon of illegal criminal search in our country. Nowadays, the positive housing rightsis not optimistic. The operation of housing market is not standard, which leads to high price ofthe house. A lot of citizens live without suitable houses. With the unperfect legal system, itcauses the citizens’ residences lack of safety and health.Based on the present situation of civil housing rights, the proposal of the improvement ofthe housing rights guarantee should be put forward. Considering the negative housing rights,we should standardize the exercise of the national public power, clear the scope of publicinterests and perfect the compensation mechanism, in order to prevent violations from thepublic power. In addition, considering the positive housing rights, we should perfect our legalsystem, speed up and improve the housing social security system, to ensure theimplementation of positive right of residence.