Research On The Housing Security Right

"Live and Work in Peace "has been a common goal of the state and society, while housing is related to citizen’s daily needs. But with the development of market economy and the increasing commodity price, housing price continues to rise. The regulation of the market is limited in the area of housing, so low-and middle-income groups cannot afford the high-price, so "Shelter for All" seems to be more and more far away from us. Now the housing problem of the society becomes more and more serious, becoming a major problem of the people’s livelihood. As a basic human right, the housing security right got more and more attention of the governments. The housing security right referred to as a basic human right in the "Universal Declaration of Human Rights (1948)" and as a fundamental right of citizens in the Constitution of the Republic of South Africa (1996). China in March2012began to draw up "the Basic Housing Protection Ordinance "to provide concrete legal basis for the realization of the housing security right. It is in the context that this article does some research on the housing security right to provide some theoretical support to resolve the housing problems of our country.The first part discusses the origin and development of the housing security right. Housing is the carrier of the right, and is the basic living needs of citizens. With the development of industrialization and urbanization, housing problem is the inevitable result of social development. In order to solve the increasingly serious housing problem, the government takes the obligations to meet the basic housing needs of the citizens, safeguarding citizen’s housing interests. With the development of social legal system, the housing security right has got great development in the domestic law and the international law. In the international law, more and more International documents of the housing security right have been drew up, and it has been more exhaustive, while more counties participated; in the domestic law, many countries establish the housing security right to be a fundamental right for citizens as written in the text of the Constitution, and the housing security system in each country has been get deep development.The second part discusses the right attribute of the housing security right. The housing security right is the basic human right, which is specified in the international treaties. The housing security right safeguards the right of housing,"Shelter for All", and the dignity of people has been protected. The housing security right is a constitutional right and a positive social right, and the Constitution respects and safeguards human rights. Citizen can require state organs to do right and positive behavior to provide protection for the housing security right. The housing security right is beneficial right that the housing security law endows to the citizens, and the citizens are the benefit subjects. On the one hand, they can enjoy the right; on the other hand, they must have certain obligations. And of the right obligations, social security obligation is essential, except the state organs. The housing security systems is one part of the social security system, and the housing security right is an important part of housing guarantee right.The third part is the Constitution and the law relief of the housing security right. No relief, no right; it is the requirement of the society governed by law that the right goes along with relief. The right is highly vulnerable to violations of national public power, and for the harm of some normative documents on civil right housing guarantee, citizens have the right to request the state organs initiate constitutional review system according to certain standards and principles. The protection of citizens’right to housing is relief of the common laws in addition to the constitution relief, which mainly are general judicial relief systems, administrative relief system and arbitration system. Following different legal relief patterns of different countries and improving the relief system of our country housing security law can better improve housing security system and build a more harmonious society.