公民住房保障法律问题研究

发布时间：2018-01-24 09:00

  本文关键词： 住房权 基本人权 住房保障 基本住房保障条例　出处：《天津师范大学》2014年硕士论文　论文类型：学位论文

【摘要】：选择住房保障作为论文题目和研究视角,源于对我国不断高企的房价和住房商品化现状的些许思考。尽管这从宪法与行政法基本理论的角度来看,显得有些偏离轨道,但是通过进一步的思考和研究发现,住房不仅仅是一个人的栖身之所,更是人格尊严、社会公平正义的一种表征。近几年来,许多城市尤其是大中城市的房价已远远超出了普通公民的承受能力,一部分人无法通过市场来满足基本住房需要,一定程度上引发了许多社会问题。住房问题本身即为人权问题,住房权是公民的一项基本人权。对于我国这样一个人权发展中国家来说,对住房保障进行深入研究,具有一定的意义与价值。 文章共为五个部分： 绪论部分主要介绍了选题背景、意义及本文的研究方法。 在公民住房保障的基本理论部分,首先阐述了住房权是公民享有的一项基本人权,国际上和域外一些国家在立法层面都直接或间接地对住房权予以了规定与保护；其次,探讨了保障公民住房权的实现是国家的义务与政府的责任。国家存在的目的要求国家有责任尽最大的努力保护人权,国家保障住房权的义务,是公民实现住房权的基础,而作为政策的执行者和社会的直接管理者的政府,其角色和职能决定了其负有保障社会正义实现的责任。 在对公民住房保障基本理论分析过后,文章第三部分主要讨论了我国住房保障现状中存在的问题,对立法保障不足、专门机构保障缺失、监管不力、司法救济阙如以及毕业生群体住房保障有所匮乏等问题进行了梳理,论述了完善我国公民住房保障、解决住房困境的必要性与正当其时。 文章第四部分介绍了域外一些在公民住房保障方面做法比较先进、成熟的国家的经验,它们根据本国的实际情况制定了多样化的住房保障制度,对本国公民住房权的实现起到了积极的促进作用,如英美等国比较完善的制度安排,香港、新加坡专门的机构保障和法国的司法保障机制,这对于我国保障公民的住房权和更好地解决住房保障问题具有一定的借鉴意义。 文章最后一部分针对我国目前在住房保障方面存在的主要问题论述了完善我国公民住房保障的法治路径,以期对公民住房权的实现有所助益。
[Abstract]:The choice of housing security as the title of the thesis and the perspective of research, comes from a little reflection on the rising housing prices and the current situation of housing commercialization in China, although this is seen from the perspective of the basic theory of constitutional and administrative law. It seems a little off track, but through further thinking and research found that housing is not only a person's shelter, but also a symbol of human dignity, social equity and justice. In recent years. Housing prices in many cities, especially in large and medium-sized cities, are far beyond the affordability of ordinary citizens, and some cannot meet their basic housing needs through the market. To some extent, it has caused many social problems. The housing problem itself is a human rights issue, the right to housing is a basic human right of citizens. For our country, such a human rights developing country. The research on housing security has certain significance and value. The article consists of five parts: The introduction mainly introduces the background, significance and research methods of this paper. In the part of the basic theory of citizen housing security, firstly, it expounds that housing right is a basic human right enjoyed by citizens. The right to housing has been regulated and protected directly or indirectly by some countries, both internationally and extra-territorial, at the legislative level; Secondly, it discusses that the realization of the citizen's right to housing is the duty of the state and the responsibility of the government. The purpose of the existence of the state requires the country to do its utmost to protect human rights, and the obligation of the state to guarantee the right to housing. The government, as the executor of the policy and the direct manager of the society, has the responsibility to guarantee the realization of social justice because of its role and function. After the analysis of the basic theory of citizen housing security, the third part of the article mainly discusses the problems existing in the current situation of housing security in China, the lack of legislative protection, the lack of special agency security, and the weak supervision. The lack of judicial relief and the lack of housing security for graduates are combed out, and the necessity and time to perfect the housing security of Chinese citizens and to solve the housing predicament are discussed. In part 4th, the author introduces the experience of some advanced and mature countries in the field of citizen housing security, which have made a variety of housing security system according to the actual situation of their own country. It has played a positive role in promoting the realization of the right to housing of its citizens, such as the relatively perfect institutional arrangements in the United States and the United States, the special institutional protection in Hong Kong and Singapore, and the judicial protection mechanism in France. This has certain reference significance for our country to safeguard the citizen's housing right and better solve the housing security problem. In the last part of the article, the author discusses the ways to perfect the rule of law of the housing security in our country in view of the main problems existing in the housing security at present, in order to help the realization of the citizen's right to housing.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.181;F299.23
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本文编号：1459662