论文部分内容阅读
住宅权是世界各国宪法公认的公民的基本权利,被确立为国家、社会及他人不得干涉的人权范围。住宅权首先是一种个人的基本宪法自由权,具有消极的、否定的性质;其次,住宅权具有积极的一面,其实现必须依赖于国家的积极履行义务。现实中,对我国公民住宅权的侵犯主要来自行政机关,所以,对住宅权的行政法保护就更加迫切。在我国,无论从行政立法还是从行政执法和行政救济来看,防范和控制政府侵害住宅权的行政法律制度都十分薄弱,必须在意识和制度层面加强行政法对住宅权的保护。
The right to housing is a basic human right recognized by constitutions of all countries in the world and has been established as a human right range that the state, society and others can not interfere with. The right to housing is above all an individual’s basic right to freedom of constitution, which has the negative and negative qualities. Secondly, the right to housing has a positive side and its realization must depend on the state’s active performance of its obligations. In reality, the infringement of our country’s citizen’s housing right comes mainly from the administrative organ, therefore, the administrative law protection of the right of residence is even more urgent. In our country, no matter from the administrative legislation or the administrative law enforcement and the administrative remedy, the administrative legal system to prevent and control the government infringement of housing right is very weak. We must strengthen the protection of residential right from the administrative law in the consciousness and the system level.