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The Research On Legal Security Of The Enforceable Right To Housing In France

Posted on:2017-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L X PanFull Text:PDF
GTID:2296330485965411Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The housing problem has always been the focus of the domestic and international society. Generally speaking, the phenomenon such as inadequate housing, high housing prices, compulsory demolition exists in the countries all over the world. Since the 20 th century, housing problem has been the United Nations Millennium Development Goals. As to the guarantee of housing problem, France has always led in the world. Especially its establishment of defending housing right(DALO in short) has made France become the first country to defend housing right in judicial practice. The legal guarantee systeem of DALO includes the legislative, administrative and judicial guarantee. Legislation is the premise and basis of justice and law enforcement. The French housing legal system access international law and international human rights documents, promote the connection of housing law with the international one, promulgate the bills of DALO, establish and implement two-stage of relief system combined by mediation and litigation and put the defending housing rights into the judicial practice for the first time. Law enforcement is the key link of legal operation.The realization and obtainment of the houses is the ultimate goal of guranteeing housing right. Low-rent housing system is the main way to gain the houses under the defending house rights. The government devotes to the implementation of various policies including tax, finance, insurance, subsidy, and gurantee, adding double security for the realization of citizens’ defending house rights. Justice is the last safeguard of DALO. First of all, the judicial relief is divided into mediation and litigation relief. Secondly, special commitee and administrative court play a leading role in the mediation and litigation relief. Thirdly, mediation and litigation relief case in judicial practice is the application of the DALO. No. 0900670 and no. 0818923 award in mediation relief as well as the first case about the administrative litigation relief-Francine bo’s case, make the DALO gain the comfirmation and the development in practice. Therefore, the legal theory in the book is practiced into the real legal action. Finally, the DALO of France has experienced the process from infancy to maturity, from the estabilishment of theory to the practice in justice. The realization of DALO in France has gained certain improvement and meantime, generated some problems. To summarize the experiences and lessons of the legal gurantee system of the French DALO is beneficial to promote the realization and gurantee of the citizens’ housing rights in our country for its reference significance.
Keywords/Search Tags:DALO, Legal Gurantee, France
PDF Full Text Request
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