Research On The Housinriht And Legal System In China

Housing is one of the indispensable foundational conditions and materialguarantees for people’s subsistence and development. It is an important part forcommon people to get mansions covering ten thousand miles. Besides, housing is asignificant symbol of human civilization and a prominent object of realizing humanrights for the modern national country. As a basic human right, the interest to housingright is directly related to the satisfaction of people’s foundational demands for living.Our state obligation and responsibility are embodied in the level of recognition andsecurity of the right to housing, which concerns the standards of living for thethousands of households. In the1990s, the reform of housing was launched in ourcountry. Combing the legislative and executive approaches, the system of affordablehousing should be set up gradually. Though the system of affordable housing is asection of social security system, there are many challenges in our system ofaffordable housing because of the commercial housing market with the Pursuit ofprofit. On the one hand, the prices for commercial houses have been exploding. Onthe other hand, the development of affordable housing remains stunted. Either unfairdistribution of Economical Housing or the lack of supervision in low rent housecauses tension between the rich and the poor that seriously affects our social harmonyand stability. At present housing problem has become one of the most critical socialproblems in China. According to an investigation from The State Department ofhousing construction, the fact that prices of housing in China continue to rise isunbearable for about93%surveyed. In order to improve this situation, the Chinesegovernment has adopted many active policies in the past decade such as country eight,country six, country four, country ten, new country eight and new country five. Thereare nine State Council executive meeting researching on tightening real estate marketregulation, but it turned out the more adjustments the higher housing prices. Thisaffects directly the basic rights to housing for citizens, especially to urbanlow-income groups and rural impoverished population. Among numerous factors tothis situation, the lack of sound system of affordable housing is the most important one in China, including misunderstanding of basic problems and neglect of key points.In the development of building a socialist country under rule of law, it has translatedthe distance between system of affordable housing and civil demands for housing intoa situation about appeal to rights. For example, the subjects of obligation who providehousing security are so ambiguous that either departments of governments at alllevels abstain from acts on supplying public products and services or each departmentacts on its own even strives for interests against common people. Another example isabout the absent of government. As result from the lack of sound relative system, theprocess of Chinese legalization is at a comparatively low level and the ability ofacting in accordance with the law is vulnerable. Some departments of government cannot guide citizens effectively towards to express their demands rationally or protecttheir legitimate rights and solve the problems when there come emergences. Startingfrom legal analysis on the rights to housing for citizens, this research will discuss thequestion of constructing the system of affordable housing in China aroundconstructing for whom, constructing by whom as well as how to construct it. Besides,under the experience of other countries for reference, this article will propose severalponders practically on the Chinese legalization in constructing our affordable housingsystem to advance development in social reality. With the help of my master, theauthor finds that there is lots of journalism on this topic at home. On the basis of alarge number of literatures review, however, the theoretical analysis of studies belongto the minority. After learning and digesting the knowledge from books, I haveconducted some field works and investigations that enlighten me much. In the limit ofstudy ability and research conditions, the current research is still in the preliminarystage as a whole. That should be further researched in the future.The essence of this article is to stress the realization of housing goal which goeswith the expectation of improving living standards of citizens. In order to reach thisgoal, our government should speed up the development of affordable housing systemin the aim of satisfy the rights of housing for all citizens in modern society, with thestrong supporter of legal system. Aware of lessens both at home and abroad, it ishardly to ensure housing for everyone by market mechanism solving the housingproblem of low and medium income urban residents. Nothing but guarantee the rights of housing for the low income residents can accomplish the social target of the ‘HomeOwnership’ and ‘families well accommodated’. our government must fulfill theresponsibility for public service and this is the pith of constructing the affordablehousing system. All the relative functional organization should plan, construct andoperate around this principal aim.On the methods of study from legal theory, the article mainly discusses thesubstance of housing rights is basic human rights and theEffective system arrangement should be carried out by our government to upholdpeople’s housing rights as well as make progresses on human rights protection. In themeanwhile, attempting apply the sociology theory and economic principle to analyzeaffordable housing system synthetically, the author hopes to reveal the contradictionand disadvantage of this aspect from a far-fetching view ending with somecorresponding countermeasure proposals.