论大学生住宅权的法律保障-宪法学与行政法学专业论文.docxVIP

II II Abstract As William Peter, the former British prime minister has ever said: “Wind and rain can enter, but the king has no right to enter”, residence is divine under monarchial power, which reflects that the human rights are inviolable. Owing to the importance of house in people’s daily life, the realization of housing right has a direct influence on the realization of other fundamental right，such as the right of personal liberty, property right, the right of individuals to education and so on. As a result, the housing right attract mounting concerns of legislator，which is the hard core in the citizens’ fundamental rights system. Whereas, the right to housing of college student was neglected by academic and judicial circle, owing to the narrow understanding about house in people’s traditional opinions, and the influence of particular power relationship. In conclusion, this article aimed at to make the theory about “the right to housing of college student” reasonable, and give some advice from legislation and judicial to resolve the problem of the housing right protection system. The scheme of this article is as follows: at first, this article, which has a breakthrough in traditional theory about the narrow understanding to the scope of protection from the nature of the housing right, put forward the important meaning of the housing right to protect the right of personal freedom, the property right and so on. Besides, based on witnessing study and life of university students, this paper lists a lot of phenomena on violation of housing right to university students so as to find blanks in guarantee system of housing right to university students at present. In the end, this paper proposed issues using for reference from relative system in Taiwan and US. Furthermore, measures for improvement on this topic from legislation and judicature are put forward accordingly, that is, to establish reasonable and uniform entry standard so as to constrain randomness o