The Double Relief Patterns On The Rights To Housing

The right to housing is a basic human right, in the human rights system belongs to thesocial right, this point has been accepted by the international community.In the "economic,social, and cultural Rights Convention", the right to housing as "a living level right", the basicmeaning is that everyone has the equal right to access to place themselves and their familieslive in affordable, and it can meet the needs of people’s health, safety and dignity.At present,only a handful of countries has established the housing rights as constitutional rights whichcan directly obtain relief or embodied by common laws, for most countries the right tohousing is only a dummy constitutional right without specified by common laws, or justmoral rights without the recognition by constitution.But the modern law and order conceptconsider that “no relief, no right", the life of rights (including moral rights) lies in thetransformation from the idea, norm to realistic interests, relief means the transformation frommoral or paper rights to real rights.For the right to housing, it was hard to generaslise aboutthe implementation mechanism due to the constraints on available resources around thecountry.I divide the relief of the right to housing into two modes, namely positive reliefpattern and negative relief mode.The positive relief pattern is a corresponding remedy to the judical remedy, an importantprinciple in the judicial tradition is "don’t tell", the judicial relief boot is passive.The positivemode with national security obligations as the center emphasize that countries should activelyfulfill security obligations,in order to provides legal and policy basis for the realization ofhousing rights. Because it involves the financial allocation and the policy choice, this reliefpattern requires the state actively step in.The positive relief pattern includes two kinds: one isthe legislative remedy, the law will be affected with the moral legitimacy of the right tohousing or the constitution of the housing right into legal right, provides the legal foundationfor the realization of the right to housing.Another is the administrative remedy, thegovernment relief duty of housing authorities. Governments actively fulfill their housingsecurity obligations through the public housing, housing subsidies, housing finance, taxationsystem, to make it more likely to achieve the housing right.The negative relief mode is alsocalled the judicial relief, judicial relief is the most direct way in all the relief measures,notably not all violations can seek judicial relief,According to the research on housing rights and try to remedy of housing rights in foreign judicial practice, the rights to housing that canobtain judicial relief includes negative housing rights such as the freedom and equal, and acertain degree of positive rights relying on the state payment.The judicial relief as the lastremedy, when the state do not hasn’t taken legislative and administrative measures for therealization of housing rights, the court can review the legislative and administrative organs’behavior, then there is a transformation about the protection mode of housing rights,from thepositive relief pattern center on national security obligation to the passive mode based onjudicial remedy.In China, the right to housing is on the concept, not formed in the paper. Currently therehas not been a special law to protect housing rights. Housing security system of our countrycity, mainly to solve the housing problems of low-income groups, affordable housing systemand the low rent housing system, still exist many deficiencies.Because of their ownlimitations, judicial organs are disadvantaged in the state power organs, and affected by otherfactors obviously, therefore,there are many areas not involved, and the relief function ofhousing judicial are far from effective.In the modern constitutional development trend and the era of rights, aiming at thedeficiency of China’s housing rights of legal relief, look ahead the prospect of housing rightsin china.Firstly, to establish the constitution a core role in the housing right relief system,taking the right to housing as a constitutional right indispensably. Moreover, it is necessary toimprove China’s housing rights legislation according to the spirit of constitution,according toChina’s national conditions and learn from foreign experience of relevant countries andestablish a set of housing security law as the core of the housing legal system.Secondly, toimprove housing security system for the vulnerable groups of society, so those with their ownpower is difficult to maintain the general standard of living can obtain suitable housing, thateveryone. has the enjoyment of the right to housing.Finally, to give the full play of the judiciallast strength, expand the judicial remedy scope. explore a limited judicial review system inaccordance with Chinese conditions, give the judiciary the right to housing laws andregulations to the extent of the right of review, to ensure the implementation of housing rightsfairly, justly.