The constitutional status of citizens' right to housing

下面为大家整理一篇优秀的essay代写范文- The constitutional status of citizens' right to housing，供大家参考学习，这篇论文讨论了公民住宅权的宪法地位。作为公民的基本权利住宅权，应该在宪法上受到保护。公民住宅权是住宅权的保障要以宪法确认为基础，其他任何具体法律都是在宪法基础规定上的再行具体化。宪法条文将公民权利写出来究其根本目的也是为了对其进行保障，除此，我们还要有具体措施确保权利的实现。各国常用的保障方式有：绝对保障，即指宪法直接对于公民的权利予以规定，任何法律、法规不得违背。相对保障，也是法律限制方式，允许普通法对于宪法规定做出一定限制。折中方式，既保留了违宪审查制度又有法律保留机制。

Housing and housing problems are a constant focus of social concern. It was first put forward in the international human rights law that citizens' right to housing is of great significance as one of the most basic human rights, and many other countries have also ratified it in the constitution. In contrast, citizens' right to housing has not been valued in China, and there is no sound system to guarantee it. The emphasis is embodied in the absence of citizens' housing right in the constitution, which also urges us to strengthen the theoretical research on the protection of citizens' housing right.

From the perspective of private law, housing right has dual attributes of personal right and property right. Austrian scholar novak pointed out that "home is my castle", indicating that housing not only meets people's basic survival needs, but also reflects housing as private property of citizens in a deeper level, which shows the domination of personal property through housing and residence. At the same time, the house, as a private sphere, can keep us away from external dangers. This is where personal rights come in.

From the perspective of public law, citizens' housing right includes freedom right of housing right and housing security right. Article 39 of our constitution provides that citizens' homes are inviolable. The constitution has the highest authority, and after it is guaranteed, it has the nature of resisting public power. The fundamental purpose is to prevent the state from arbitrarily interfering in the right of housing. In the traditional constitutional theory, the right of liberty and the right of society are also reflected here. The right of liberty corresponds to the negative inaction of the state, which is reflected in not violating or interfering with citizens' right of residence at will. The fundamental reason for the right of housing security is that the state should take the initiative to protect the citizens' right of housing. The state should use the power of the state, take the initiative to transform the functions of the government, and take effective measures to transform the thought of the tiller owning his land into the realization of the homeowner owning his house.

Housing right is a comprehensive right. It is an essential material condition for human survival and development. Therefore, housing problem is very important for any country and society. Solving housing problem can become an important factor to measure the comprehensive conditions of a country. Legally, housing involves a lot of departments. For example, in order to protect the right of housing from infringement, the criminal law stipulates the crime of "illegal invasion of housing". In order to protect the ownership of the housing, the constitution and administrative law also stipulate the relationship between the public power and private rights in the housing legislation, demolition and housing security. The protection of human rights has received more and more attention and protection in the international community.

The importance of housing is self-evident, and national and international laws attach great importance to it. In the housing security system, the constitution, as the fundamental law, will also play the most effective and fundamental role. It is also protected in the civil law, criminal law and other branch laws of our country. However, without the guarantee of the constitution, any human rights protection will become water without a source and a tree without a root.

As a basic right of citizens, the right to housing should also be protected in the constitution. The citizen residence right is the guarantee of the residence right must be based on the confirmation of the constitution. The fundamental purpose of the constitution to write out the civil rights is also to guarantee them, in addition, we also need to have specific measures to ensure the realization of the rights. Common safeguard means of each country has: absolute safeguard, point to the constitution to give provision to citizen's right directly namely, any law, regulation cannot violate. The relative safeguard is also the legal restriction way, which allows the common law to make certain limitation to the constitutional stipulation. The compromise way not only retains the unconstitutional review system but also has the legal reservation mechanism.

In the civil housing freedom, the United States federal government, Germany, the Netherlands and other countries have specific provisions in the constitution. And in the citizen housing safeguard right respect, Italy, Brazil. India is typical. With the continuous expansion of the public power of the state, the right of housing also faces more real dangers, so countries choose to protect it with the constitution. Housing problems are increasingly prominent, and improving the housing system is particularly important. For other countries on the successful experience of housing security, China has a significant enlightenment. At first, the focus of the constitution of various countries was on the right of freedom of residence, which was designed to resist the encroachment of the state and the third party on the residence. Therefore, the residence became the most powerful barrier between the public sphere and the private sphere. However, with the continuous development of market economy, the focus of constitutional protection in various countries has also changed, and the right to safeguard has gradually been attached importance. For example, the current housing shortage, countries take active measures to intervene, and there are clear provisions in the constitution.

In today's society, human civilization is highly developed, and people are paying more and more attention to political rights, personal rights, freedom and other requirements. As a basic human right, citizens should enjoy the right of housing. Compared with the public power, the individual is always in a weak position. Therefore, the state and the government should actively fulfill the obligation of protection and carry out certain rights norms in the constitution. Secondly, the constitutional guarantee of housing right is helpful to solve the problem of housing right in real life. In recent years, with the awakening of civil freedom consciousness, there are more and more resistance to the infringement of the public power of the state. If the residence, as a private place for citizens, cannot be guaranteed, nothing else about freedom and dignity can be mentioned. Third, with the increasingly close connection between countries and the trend of economic globalization, the guarantee of citizens' basic rights has also changed. The internationalization trend of housing right requires the country to pay more attention to it, because arbitrary neglect may lead to the transformation of national problems into global problems. To sum up, we need to pay attention to the housing right.

The constitution of our country has made clear stipulation to the citizen's right of housing, but it has no further restriction, also lacks the corresponding relief system. At the same time, the absence of the protection of ordinary law and the imperfection of the judicial system, together with the biggest source of infringement of the right to housing is the public power of the state and the government, resulting in the protection of the right to housing of citizens still have many problems. First, housing prices are too high to lead to a growing problem of housing. The era of welfare is over. It's no longer the time for the state or the office to sort out your house. It's the era of housing benefits, when high housing prices shut out large Numbers of people. Housing due to its own characteristics, such as high price, long use time and so on also doomed to solve this problem such as the national macro-control and market regulation need a long process. Second, the quality of housing cannot be guaranteed. Driven by interests, the quality of housing is declining day by day, and the cracks and collapses of all kinds of high-rise buildings threaten the safety of many people's lives and property. Because construction costs are too high and consumers have limited spending power, the only solution is to hold down prices, which again conflicts with the profit motive of developers and builders. They can only get more profit by lowering the standard and reducing the construction cost. Inadequate regulations on this phenomenon also exacerbate the vicious circle. Third, the arbitrary definition and expansion of the use of public interest as a tool to invade the private property of citizens.

Citizens' right of residence is also an important category of human rights and should be guaranteed by the constitution. The declaration of the right of residence in the constitution is very important. Prior confirmation in the constitution helps to guarantee the system in other aspects. Therefore, in the process of perfecting citizens' right to housing in China, we should first confirm and declare it in the constitution, stipulate citizens' right to housing as a basic human right in principle, and clarify the responsibilities of the state and the government in protecting citizens' right to housing. But since we cannot directly invoke the constitution, we should also speed up the formulation of a departmental law on the protection of housing rights. The housing act was not an overnight achievement, but a process. In order to prevent the interests of citizens from being harmed any more, we can first promulgate relevant regulations and put them into effect as a respite period.

The freedom of residence mentioned above is not aimed at the third party, but against the infringement of public power. As a human right, citizens' right to housing should not be infringed by the state or the government at will and should not be used for public interests. Under special circumstances, it may enter a citizen's residence, but it cannot be a sword to hurt the citizen's property. Only by giving consideration to both the right of residence freedom and the right of residence security can the realization of citizens' right of residence be guaranteed fundamentally.

In our country housing social security has the system such as housing accumulation fund, economic applicable room, only these systems perform their respective duties and cooperate with each other can truly realize the perfection of housing social security system. We will crack down on those who cheat on property purchases and rents, and address the problem of excessively high housing prices and tight housing supply. Secondly, we need to ensure the quality of housing. Vicious competition and low housing price will lead to the shortage of capital, but we cannot affect the quality of our housing. In this process, we will strengthen oversight mechanisms and severely crack down on illegal activities. Only by means of relief can we solve the housing problem better.

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