The right to housing embodies the good wish of "home ownership", but it is not a good reality. Especially in China, due to the constraints of large population, scarce real estate resources and underdeveloped economy, how to realize the housing right has always been a topic of concern for the country and people. Objectively speaking, the realization of housing right needs not only the residents' own efforts and the government's housing assistance, but also the legal system guarantee measures, that is, to determine the legal status, content, exercise and protection of housing right. Only by combining them closely can we realize the housing right and make it authentic. Because the residents' self-efforts and government's housing assistance are restricted by material factors such as social development and economic development, it is impossible for residents without such strength to obtain suitable housing entirely by themselves, and it is impossible for the government without corresponding economic strength to provide suitable housing for local residents, which is precisely the realistic condition for China to realize the right to housing. Although the institutional guarantee measures of housing rights are also subject to the level of social and economic development, China does not attach importance to the construction of relevant legal systems because it is not a developed country. As the internal mechanism of the legal system of housing rights in market economy countries is of the same sex, as long as China legislators can understand and respect the basic spirit of international conventions on housing rights such as the Universal Declaration of Human Rights, take seriously the housing security problem of low-income groups in China, and design a legal system of housing rights protection in line with China's national conditions through extensive system reference and in-depth investigation and reflection on China's reality.
From the perspective of human rights protection, since the housing right is a right that everyone can enjoy, both the rich and the poor should be guaranteed by the housing right system. The poor are in a "weak position" economically, and they cannot get adequate housing. For them, the right to housing is mainly a right in public law, that is, the right they enjoy as a relative person and the government. The basic meaning of this right is that the low-income people in society should be helped and guaranteed by the government and society, so that they can get a house, so that the right to housing, which is a natural right for them, can be transformed into a property right. For the rich, this right is basically a civil right, because they can completely obtain housing through market mechanisms such as buying, selling and leasing. For them, the right to housing is a real right, but this right also needs a completely reasonable civil legal system to guarantee. It can be said that only by establishing a sound housing social security system and housing market transaction system can we provide a comprehensive institutional guarantee for the realization of residents' housing rights and lay a good institutional foundation for the people's realistic needs and ideal pursuit of "living and working in peace and contentment".
The civil legal system in developed countries with market economy is usually relatively perfect. In these countries, the problems of civil legal system related to housing rights are generally solved through specific systems such as housing sale, lease, financing, guarantee and right definition. In this case, the housing right obtained through the sale and lease of houses is fully guaranteed by the system. Therefore, the focus of its housing rights protection system lies in the formulation and improvement of social security laws. Different from the protection of housing rights and interests in these countries, China's housing rights and interests protection system has "double defects": on the one hand, the housing social security system is so lacking that it is difficult to meet the actual needs, so that the leaders of relevant departments in China have issued an appeal of "attaching great importance"; On the other hand, the civil legal system closely related to housing rights, especially the legal system of property rights, is quite inadequate, which is manifested in the lack of scientific and reasonable housing ownership system, real estate property right change system, registration system and so on. This also sets an obstacle to the realization of residents' housing rights from the legal system. How to fill this "double blank" is a problem that must be solved to establish and improve China's housing right system.
The central topic of China's housing right system guarantee, first of all, analyzes the significance of the system guarantee to the housing right, and emphasizes the significance of the system guarantee to the country's performance of relevant obligations and the guarantee of residents' realization of the housing right. Then it puts forward the basic idea of implementing the system guarantee of housing right, that is, social security mechanism and market transaction mechanism should be adopted in the realization mechanism, and its legal performance is social security legal system and civil legal system; In the content of system guarantee, it is necessary to realize the dual protection of the material rights and spiritual rights of housing rights holders, and position housing rights as the combination of property rights and personal rights. Finally, this paper analyzes the present situation and defects of China's system security, and puts forward the overall conception and preliminary thinking of perfecting China's social security system and civil law security system for housing rights.