On Housing Right As A Basic Right

The current housing problem in China is very serious.The rapid advancement of commercial housing prices and the imperfect public housing system have made it difficult for vulnerable groups in society to obtain adequate housing security,and housing inequity has increased.The reason is that the laws and regulations related to housing in China are all based on the ownership of housing,which is the protection of property rights,and housing rights are not simple property rights,but a basic right,and the scope of protection has long exceeded the property rights.In such a situation where the legal adjustment range cannot cover the actual needs,the theoretical research on housing rights has become the key to solving the problem.Only by clarifying the basic rights status of housing rights can the housing rights be effectively guaranteed.The connotation of housing rights is confirmed and enriched by the two general comments of the Universal Declaration of Human Rights,the Convention on Economic,Social and Cultural Rights,and the Committee on Economic,Social and Cultural Rights.Housing rights that maintains a dignified life includes equal opportunities to enjoy housing rights,the right to use the housing without being disturbed,the habitability of housing,the ability of housing and the cultural characteristics of housing.Housing rights is not only a necessary prerequisite for meeting human dignity needs,realizing social fairness and justice,and guaranteeing other human rights,but its basic right has also been recognized by international conventions and national legislation,which fully demonstrates that housing rights is a basic rights,therefore,as a party to the Convention,China must fulfill its national obligations to realize housing rights to fulfill its international commitments.The state bears the negative obligation of respect and the positive obligation of protection,promotion and implementation for the realization of housing rights.Specifically,first of all,it is necessary to confirm the basic right status of the housing rights at the constitutional level.The pursuit is based on the interpretation of the constitution as a transitional method.On the basis of the constitutional confirmation,in order to make housing rights change from what it should be,our country should also build a housing rights legal system that takes the basic law of the housing field as the core and focuses on the protection of vulnerable groups.,So as to realize the protection of housing rights by law.Finally,we must improve the judicial relief system of housingrights by promoting the judicialization of the unconstitutional review system,exploring housing rights protection public interest litigation,and granting citizens the right to defend housing,and defending the last line of defense of the housing rights 'constitutional guarantee.