The Research On Legal Security Of The Right To Adequate Housing In South Africa

In1998, China began the house commercialization reform. It makes China toavoid the1997Southeast Asian financial crisis, and injects new vitality to China’seconomic development. At the same time, the over-market-oriented brings someproblems. Such as price of the commodity house are too high, the social securitysystem is imperfect, forced eviction exists. Under the grim social reality, SouthAfrica insists to protect human rights, develops the way of protecting housing rightsby the legal, and provides a useful reference for the establishment of security system.Legal protection of housing right in South Africa includes legislative protection andjudicial protection. The legislation includes international convention, constitutionlaws and regulations. The1996South Africa Constitution is the first democraticconstitution. The bill of rights almost provides all human rights. The Constitutionguides relevant laws and regulations in the housing right the right to housing.Thereare a set of laws and regulations in South Africa. Judicial protection is the lastguarantees, which forms a net of laws. The Courts establish and develop thejurisprudence. Firstly, to establish the justifiability of the right to housing, which is thepremise of the trial; secondly, coordinate safeguarding rights and complying with theseparation of powers principle? Thirdly, establish judgment standard by which thecourt determine whether the housing right is full of realization, that is ReasonablenessReview standards. It determines whether people’s housing rights have been infringedby reviewing whether the government housing program, housing, behavior isreasonable; finally, to develop a variety of relief ways, such as consultation, and toenhance the execution of the judgment. It avoids the declarative, dialogue, weak-typedecision. Housing rights remedy experiences from naive to mature, from single to rich,from form to essence. South Africa’s experience brings a lot of inspiration to ourprotection in the housing right. On the legislation, we must provide the housing rightsin the Constitution, make specialized housing rights law, and perfect existing laws andregulations, develop a comprehensive, sustained and coordinated housing programsand policies; on the justice, we should make sure justifiability of the right to housing,ensure the functions and status of the court, clear the trial standard, and constantlyenrich the relief system. Finally, it will form a systematic and harmonious reliefsystem in our country.