住房权救济的潜力和程度:以实例分析进行

The Potential and Extent of Housing Right Remedy-A Case Study

作为社会权的住房权,虽在世界范围内已得到确认,然而其救济情况却不容乐观。在国际层面,对住房权的救济以间接救济为主;在区际层面,对住房权的救济各区域之间差距甚大,以欧洲较为完善;在国家层面,对住房权的救济呈现多样化发展,或通过宪法规定住房权予以直接救济,或通过普通法律规定住房权予以直接救济,或由州法院根据州宪法对住房权进行直接救济,或通过适用或解释生命权对住房权进行间接救济。

Housing right as a kind of social right has been recognized in the world. However, the situation of its remedy is not optimistic. At the international level, the remedy of housing right is mainly indirect remedy. At the regional level, there exist great differences among different regions and European countries tend to be more per- fect. At the national level, the remedy of housing right tend to be diversified with some countries prescribing in constitution direct remedy, some prescribing in common law direct remedy, some state courts prescribing in state constitution direct remedy and some prescribe indirect remedy by applying to life right.