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Citizens constitutionally guaranteed right to housing considerations

Author: FangMuYuan
Tutor: XiongWenZuo
School: Central University for Nationalities
Course: Constitutional and Administrative Law
Keywords: residence right to housing basic rights constitution standardization
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 135
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Abstract


Right to housing is a basic human right as well as a foundation of people’s living and development, which has already become a common view in the international society and set in many countries’ Constitutions, and constructed a fairly sound system to protect it. However, compared with many countries, our country doesn’t have good enough protecting system; there has still been very few legal rules about right to housing in China, especially the Constitution standardization of this kind of right. It leads to the lack of related legislation, the institutional building and legal protection, so the right to housing can’t gain effective protection. So the Constitution standardization of right to housing is the key of legal protection and practical work of right to housing. It is very important to discuss the Constitution standardization of right to housing in both theory and practice. This article will illustrate the Constitution standardization of right to housing in the following four chapters.The first chapter is the general idea of residence and right to housing. Based on analyzing and comparing the previous scholars’ achievements and the social reality, it will give the author’s definition and illustrate the three characteristics of the right to housing from the perspectives of the subjects of rights and obligations, what rights do people have, and widespread popularity of the subjects of right. Then it will discuss the differences and connections of the right to housing, the residential property and the right of habitation as well as the basic human right nature of the right to housing, so as to lay the foundation of the Constitution standardization of right to housing.The second chapter discusses the current situation of right to housing. It includes the present situation of protection of the international society, the other countries and China. It can divide into three sections. The first section discusses the related documents of the international society. The second section discusses the protection pattern of the other countries. From the above two sections, we can conclude the experience and lessons of the foreign countries. The third section discusses the present situation of protection of the right to housing in our country, such as the institutional commitment, the protection practice and so on, from which we can know how we can improve the standard of our protection.The third chapter discusses the feasibility and necessity of the Constitution standardization of right to housing. It discusses the necessity from the perspectives of the protection of the people’s livelihood, Constitutional appeal and the value orientation of social justice and freedom. From the perspectives of Constitutional development theory, practical needs and the openness of the system of the fundamental rights of human beings, it discusses the feasibility of right to housing edited into the Constitution and the rationale of human rights protection and the thinking of social welfare.The fourth chapter mainly discusses the measures of the Constitution standardization of right to housing. It includes the content and form of the Constitution standardization of right to housing as well as the specific location of right to housing in the Constitution. It discusses the form from the perspectives of constitutional interpretation and constitutional amendment and then gives the advice of the location of the right to housing in the Constitution; it discusses the content from the two aspects of subjects of right and obligations.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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