论住房权司法保障的正当性

Rationality on Judicial Security of Right to Housing

住房权作为一项基本人权获得了广泛的承认,被规定在许多重要的国际公约及多国宪法中。然而,长期以来法学界对于住房权存在错误的认识,以至于否定住房权的司法保障,从而严重地影响了住房权的实现。根据人权保护理论、权利一体化保护理论、权利救济理论,住房权的司法保障是十分必要且可行的,具有其正当性。

As a basic human right,right to housing has been widely accepted,which is written in many important international conventions as well as in many countries＇ constitutions.However,right to housing has been misunderstood among legal field for a long time,which results in negating judicial protection for right to housing,and the realization of right to housing is affected seriously.According to the theories of human rights＇ protection,rights integration and rights relief,judicial protection for right to housing is necessary and feasible,which is of rationality.