On The Legal System Of Ensuring Housing

In1988, China launched the reform of housing system, the distribution of the housing gradually end,it turned into the era of the commodification of housing. Real estate market expanded and became a pillar industry of national economy; the high price has an impact on people’s livelihood, housing becoming major economic, social and political issues.There are two basis points of the affordable housing system from legal view. One of them is the housing rights of citizens; this is logic approach from the Constitutional Law view. The citizens have the right of housing, the state bears the obligation to secure it to achieve in the case of that citizens right of housing can not be exercised. Other of them is market imperfections and state regulation; this is the logical way from the Economic Law view. The Economic Law is regulation law of state to compensate for market imperfections, the real estate market is flawed, it is a profit of defective performance especially, and therefore the country needs to state regulation through the national investment and operation of affordable housing and low-rent housing. Two dimensions are logical starting point of the study.Affordable housing system consists of two parts of the affordable housing supply system and the supporting systems. Economically affordable housing system and Low-rent housing system are playing core roles in the affordable housing system. These are important parts including land supply control system, financial system, tax support system and the housing accumulation fund system.Economically affordable housing is weak form social security attributes and extent, it is the "relief of opportunity assistance", the low-rent housing system is a national minimum level of social justice and positive behavior, it is the "relief of pratt&whitney ". Elucidation of this relationship can also be combined with the basic principles of the affordable housing system."Home Ownership" is a fundamental principle of the housing system and a concrete manifestation of the constitutional right of housing rights;"the weak need be protected" refers that the state should be guaranteed the right who can not afford housing population, low-rent housing system implement this principle wider;"limited protection" refers that the country can not meet all the demands of the housing needs and try to safeguard in an appropriate manner, affordable housing system implement this principle wider.This paper also study the deficiency of existing system and put forward specific system design and arrangement. This paper discussed the realizing right to housing mechanism, this mechanism include the precondition, the implementation and the realization, it also include the remedies after the housing rights had been violated. This measures cover the legislation and enforcement, and judicial, and safeguard "the rights on the paper" to real rights.This paper uses methods of normative analysis, comparative analysis, inductive analysis and data analysis, it make in-depth research and tap the housing problem that has been criticized, the paper also provide theoretical support and countermeasures for the government in order to achieve the citizens’ right to housing and promote social harmony and stability.