| Because of various reasons, the right to adequate housing which belongs to the system of social rights has not been given much attention, and the right to adequate housing as a basic human right states much more government's responsibility. The housing problems of urban residents in current china, in particular, middle and lower income class, increasingly become a hot issue in society. The obligations of protection of the right to adequate housing have not been fulfilled by the country and the government, and this has prompted us to strengthen theoretical research in the field of the protection of the right to adequate housing.This paper attempts to start from the theory of human rights, deeply analysis the basic content to the right to adequate housing and the necessity to protect it, by drawing on the international standards of the right to adequate housing and comparatively studying the system of other developed countries to protect their citizens' the right to adequate housing, and considering the defects which exist in China's protection to the right to adequate housing, and then , promotes the suggestions to policies and law that protect the citizens' right to adequate housing.Chapter 1 of this article starts from Human rights that serve as an entry point, briefly discusses the basic content, attributes, classification, protection and the relationship between national sovereignty and human rights, and explains the human rights' content of the right to adequate housing. As basic human rights which citizen should enjoy, the right to adequate housing is sure to have the feature of human rights. Chapter 2, because the right to adequate housing belongs to the system of society rights, the chapter begins with the history of the development and evolution of society rights, which is given a general summary and synthesis, by reviewing in-depth theories of the protection to the society rights, and then, systematically summarizes development process and research status of the society rights. Through thinking of the theoretical development of the right to adequate housing, this chapter also explains in-depth the basic conception, main, content, the need for protection and ways of protection, further summarizes the content of the right to adequate housing ,and clearly states the responsibility and obligation of country and government. Chapter 3, international human rights has become a general trend, this chapter summarizes the content of the right to adequate housing and protection standard which international human rights organization and document provides, and cites the international declaration which the economic, social and cultural rights Committee gave, for a international reference model how to establish and improve the legal system for the right to adequate housing. Considering international standards, through comparative study methods, this chapter makes a detailed description and summary of housing policy and legislative experience of other developed countries in the world, so as to provide a successful model of legal protection system which can be drawn on by our country. Chapter 4, our government and the legislature agencies, according to the actual situation of urban residents' house, have formulated and promulgated a number of policies and laws. However, since china's reform of the housing system got a late start, at present, the housing policies and laws have many a lot of flaws in the system. As a result, Chinese citizens' the right to adequate housing has been difficult to protect effectively and achieve really. This chapter first explains the current situation of China's urban residents in the housing, and further gives an analysis of ineffective system. Chapter 5, according to the protection experience of other countries, we can see civil protection and realization of the right to adequate housing needs the government's policy support, legislation and judicial remedies for violations as the three ways to deal with them. From administration policy, civil rights legislation and judicial analysis of the three aspects ,this chapter puts forward to some proposals and ideas suited to China's national conditions that how to build the right to adequate housing security system to our citizens. |
