The Study On Judicial Review System Of Access And Exit Of Public Rental Housing

The development of public rental housing needs the support of the law. The right of the applicants and renters is a very important aspect in access and exit of public rental housing,but until now the research by scholars is litter in this area. Both the imperfection of the people’s civil rights in legislation and the failure of the government regulation in practice life make that it is worth to consider that take judicial review into the access and exit stage of public rental.Considering the rent-seeking behavior of the government and the competition for better public rental, protection of the right for applicants and lessees is very important.Based on protecting the legitimate interests of the applicants and renters, this study use theoretical analysis and case studies of specific judicial methods to argue the necessity and feasibility of judicial review in access and exit of public rental housing,including the analysis of the right relief system in current law, issue and enlightenment of public rental housing practice, defects in the regulatory,the meaning of judicial review and the meaning of public rental housing system in constitution and administrative law, the nature of public rental housing lease contract. Judicial review is an effective supplement.Public rental is public property. Public rental contract should also be identified as administrative contracts.Construction of the specific judicial review system of access and exit of public rental system will be discussed.Including the scope of judicial review、the determination of the plaintiff and the defendant、the strength of judicial review and the form of the judicial review’s decision. The study hopes to help to provide an effective and relatively complete right protecting and saving system.