| "People have their own house" for our Chinese people is a kind of nice wish and ideal in history.In recent years,the house price in the metropolis and even medium city has been continuously increasing,the residents hardly has the personal ability to purchase their own houses.The housing problem has already become a social problem.The housing right(the right "citizen to the house") is a basic right that citizen should possess.The nation has the responsibility and duty to guarantee its reality,especially in the situation of not enough protection of the administrative law to the housing right,and in short of the specialized ,it is worthy for us to have a study and research on the housing guarantee system.This article attempts to start from the basic meaning of housing right, and meanwhile combined with the related theories of the administration benefit,deeply analyze the housing right,as a basic human right and also a right to life,the nation has the active responsibility and duty to guarantee its reality.By drawing lessons from the foreign public housing policies and housing corporations experiences,and combines with analyzing the system shortcomings of the present administrative law protect for the housing right,this article tries to give some political and law suggestions on how to guarantee the reality of the housing right from the lawmaking.Chapter 1 commences from the analysis of housing right,simply elaborating the basic meaning of housing right,the constitutional content and the basis of the domestic and international law.Firstly the housing right is a basic human right,and also a right to life,a social right.Then according to this,elaborating the house is so important to people's living and development,depriving of the housing right means to deprive of the right to equally live."People have their house" is a so real right,and the duty for the nation to guarantee its reality should be a duty in the law.The contents about citizen's housing right in the two international conventions give the international law basis.And the new trend of the international protect for the housing right explains housing problems is a worldwide problem.Our country is the member of the two international conventions, so we should carry on active measures to guarantee its reality.Chapter 2 mainly starts from the analysis of the administration law theory basis of the housing right protection—administration benefit.Then analyzing the relation between the administration benefit and the housing right realization.The housing right,as a right to life,is the right basis that it need the nation's administration benefit.But the judging from the characteristics of the administration benefit,the housing right protection of the administration benefit is just a kind of righteous duty,that is to say,the realization of the housing right demands the limitation of the legal system. At last,elaborating the duty corpus of the realization of the housing right and the duty contents of the administration benefit,mainly wants to give a explanation that the individual and the society should also undertake certain duty on the realization of the housing right,and the duty content of the administration mainly lies in establishing and perfecting the law system of the housing right.Chapter 3 is mainly to elaborate the way to realize the housing right,firstly starts from our country's present protection situation,analyzing three problems:one is our housing policy is lack of a long and continuous plan;the second is lack of the special public housing management organ;the third one is the problems brought up during the carrying on of the economical housing policy,cheap rent housing policy and personal corporations.According to these analysis, then give the concrete advice on the administrative law protection of the housing right.These advices is drawing lessons from the foreign beneficial experiences,establishing and perfecting the institution disadvantages in the public housing policy and personal corporations and drawing up our country's . |
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