| Housing problem is a serious issue in China. To search the way to solve this problem, we take the constitutional protection of the right to housing as our research object. The definition of the right to housing is that everyone has the habitant right which is above the minimum standard to maintain his dignity life. It comprises three contents: the security of tenure, the equal opportunity to get the house and the adequate right to housing. The right to housing is the basic human right. The human right character of the right to housing and majesty of the Constitution determines the inevitability of constitutional protection in theory, while our special political and economical condition determines the necessity of protection in China. This right belongs to the right to an adequate standard of living in social right system which has active and positive character combined. For the state, it shoulders both active and positive obligation. It specially suggests the state's responsibility of active protection to the vulnerable people. Nowadays, we haven't put this right into the Constitution and start the efficient protection. So I attempt to promote the following suggestions to realization of constitutional protection of the right to housing in China. Firstly, let the right to housing be the constitutional right by addressing it into Constitution explicitly and directly or by explaining the Constitution indirectly. Secondly, reinforce the legislation and form the housing guarantee legal system for the vulnerable persons guided by the Constitution. Thirdly, formulate judicial constitutional review system to guarantee the remedy of the right to housing in the long run. Finally, explain and apply the law correctly according to the constitutional spirit of the housing human right in present. |
