On The Protection Of Urban Residents' Housing Rights

Housing is one of the basic needs of human existence. Housing is related to the economic development and social stability. Therefore, governments actively strengthen the protection of housing rights in terms of systems, policies and laws. As a fundamental human right, housing rights were recognized by many international legal documents. The protection of housing rights in different periods of housing system reform are different in China.The article discussed housing system reform based on the protection of housing rights as the main line. The protection of housing rights is the basic theory of housing system reform in China. The realization of housing rights is conducive to promoting the economic development and social stability in China, especially to protecting human rights. China should learn form foreign successful experience at the protection of housing rights. There are some disadvantages of the protection of housing rights in China. So we have to improve the protection of housing rights in China.There are four chapters in this paper.The first chapter is a study on the basic theory of housing system reform. The protection of housing rights is a logical thread and basic theory for housing system reform in China. So this part is mainly an overview of the housing rights. Housing right is the right that everyone have right to get house in which people can live comfortably. The governments have responsibility to provide housing for the people who can not afford housing. Housing rights were recognized by many international legal documents. Housing rights come from human right theory. To protect housing rights is obligation of government. Housing rights include there aspects. First, the right of access to housing. Second, the right to use housing. Third, the right to obtain relief. The realization of housing rights is conducive to promoting the economic development and social stability in China, especially to protecting human rights.The second chapter describes present condition of housing security system in China. Housing system reform in China has the following characteristics. First, the transition from fully benefit to part of the welfare. Second, transition from ration system to non-ration system. Third, transition from non-commercial to commercialization. There are some problems on housing system reform in China. Such as excessive market, lack of government responsibility, housing prices too high, narrow the scope of protection, spatial mismatch and so on. There are deep contradictions behind these questions, include:contradiction between strong demand and limited supply, contradiction between investment strong and weak macro-control effects and so on. At last, the article analyzes the present condition of housing security system in China, which includes affordable housing system, low-rent housing system, housing accumulation fund system.The third chapter discusses the foreign experiences in protection of housing rights and inspiration for China. First of all, the article is a comparative study on foreign successful experience in protecting housing rights. Then, it gives some inspiration. Because of the special circumstances in China, we can not learn from the experience blindly. The most pressing issue in China is how to establish and improve housing security system.The fourth chapter discusses how to improve the protection of housing rights. First, construction of housing security system in China. It includes the basic principles, basic idea and main content. Second, implementation of housing security policies. It includes increase the intensity of macroeconomic regulation and control, establish a correct concept of housing consumption, improve the land supply system, improve housing finance policies, develop housing finance system, regulate secondary market for housing, promote social integration. Third, to speed up housing legislation. On the one hand, the article analyses the lack of existing housing security legal system. On the other hand, the paper offers some suggestions and ideas of construction of legal system.