Residence Right As A Fundamental Right

Food, clothing, shelter and transportation are the four basic needs as human being; living is one of the most valuable part of Constitution. Back in the early modern concept of human rights coming into being; for the protection of living acts had constitute the important part of human rights. Today, with social development and improvement of people's living standards, the system of residence has also widened. From the inviolability right of home to free access to home, from the right of home ownership to the right of getting the house, residence right finally formed a unified and independent basic right in the long period of protecting to human being. Through all aspects of protection to human residence, this right not only reflects respect for people, but also promotes human development. Residence right is becoming the most important part of world's human rights system.This article is divides into six chapters, trying to construct the theory, hoping to analyze and demonstrate the fundamental rights related to residence, then integrates them, as to provide theoretical support for the establishment of residence.Chapter I is home right and residence right. The main purpose is to clarify the basic concepts and basic theory related to residence, to provide a strong foundation for the following study. Firstly, this chapter clarifies the confusion concept of residence right in theory study and rule of law practice. This confusion exists in a wide range of international and domestic law, constitutional and departments'law, largely because of the difference in semantic understanding. Lastly verifies the existence of residence right by using the living acts theory and concludes residence right is a concept of the Constitution, which should be differentiated between housing right and residence right in civil. In addition, this chapter demonstrates house——the carrier of residence right, defines four meanings of residence rights in Constitution. And describes the nature of residence right.Chapter 11 is the legal basis of residence right. The main purpose is to demonstrate the independent existence of residence right legally, and to find out the foundation in law. The approach of demonstration is by sorting the development stages and basis of human rights, basing on which to analyze and find out the production base and generate rule of residence right. Ultimately demonstrates residence right is an independent Constitutional right, its existence has profound external and internal infrastructure, and gets the evolution rule of residence right, provide a strong foundation for understanding residence right.Chapter III is the history evolution of legal protection for residence right. Mainly to sort out the development rule of residence right from ancient times to today. The history of residence right is divided into three stages. The first stage is the embryonic period of residence right. During this period, people have realized the importance of living. For the expectation of security and freedom, people have a strong sense of dependency on home, this dependence is the direct reason for production of residence right. The second stage is the formation period of residence right. At this stage residence right has been partly formed, which is the negative sense of residence right, as the right of inviolability of home, home ownership and living free. As the positive sense of residence right has produced in the third stage. At this stage the right to obtain home has been generated and became the important development for residence right.Chapter IV is the value of residence right. The reason why study and apply residence right lies in its usefulness to human being. From the direct and indirect value, deems security, freedom and people's livelihood are the direct value of residence right; property, privacy and development are the indirect value of residence right.Chapter V is the contents of residence right. Residence right is produced in the long period of history by a number of sub-rights, which led to the non-uniformity of residence right. So the contents of residence right have several items, including the choice of residence, residence ownership, eliminate prejudice and obtain home. The four rights are abstracted by basic rights to the relevant Constitution and constitute a complete residence right. Chapter VI is the legal protection system of residence right. The compound characteristics of residence right makes up the guarantee to residence right must not be a single tool, but should be a complete legal system. Specifically, the Constitution should be the foundation of guarantee to residence right, laws and policies as the main force protection, judicial protection for the final barrier. As residence right is a new fundamental right, there are quite differences to the protection in every countries. Thus the comparative analysis method is used when demonstrating guarantee system.In all, the six components mainly sort out in theory, and constitute the entire theory system of residence right from this six components, which foreshadows the theory and system study.