A Research On The Administrative Law Of The China’s Housing Security System Under The Principle Of Equal Protection

This dissertation focuses on the inequality problems in the operation of China’s housing security system, using the basic theory of the administrative law and the principle of equal protection, carrying on analysis of the differentiation of housing supply, to find the rational reason and its relationship with equal protection. The discussion will center on household discrimination in housing security admittance system and residential segregation in housing security location planning system. And through the analysis of the current situation, it is pointed out that inequality problems of housing security are rooted in the lack of administrative self-restraint in the housing security system.At the theoretical level, the dissertation explains the legal concept of equal protection, and shows that equal protection principle of the housing security requires not only "to ensure that any citizen sunk into housing difficulties can equally get the protection of basic housing rights from the state and society", but also "to give a ’reasonable differentiated treatments’". And the identification methods of the judgment in violation of equal protection are summarized as "four elements theory", proposed by Chinese scholars, including differentiated treatments, reasons of classification, adverse consequences and causality between differentiated treatments and adverse consequences.At the institutional level, this dissertation is centered on the breakthrough points of household discrimination in housing security admittance system and residential segregation in housing security location planning system. The discussion is about whether the government can provide equal housing security for citizens, in order to reveal the flexibility and limitations of the specific application of the principle of equal protection. Meanwhile, the author selects the housing security system of the two countries, the United States and France, as comparative object of foreign law, including the US’s fair housing act and inclusive planning, and the France’s community integration program, to explore the effective experience for the realization of equal protection in housing security system, as well as the lessons of the failure experience.Through the above analysis, the author can more clearly reveal that the equal protection of housing security is facing difficulties and complexity, and on this basis, put forward the principle of equal protection for China’s housing security administrative law system and promote suggestions for further deepening its reform. First, it is necessary to establish a reasonable standard of housing security access conditions for its future improvement and prospective design. Secondly, in housing security location planning system, we will give priority to scientific proportion of affordable housings, availability of public services and facilities, and optimization of planning directions. Finally, a targeted supervision and review system will be set up and completed in regarding with the equal protection of housing security.