Research On Social Security System Of Urban Residents' Dwelling Right

The system of Dwelling right stems from the Roman law, and it is attached to legal system of servitudes personaum in the Roman law. When the civil law countries formulate the code civil, most of them have established and formulated the system of Dwelling right, and there is also lots of clause which are involved with Dwelling right in the legal precedent of the common law countries. The Dwelling right had been formulated in the draft of Real Right Law in our country, but finally it was deleted. Now the price of commercial houses price rises gradually and dramatically, and the majority of urban residents cann't afford to commercial houses, so the housing conditions are very intense. The urban residents couldn't protect their fundamental human rights by Dwelling right, because the Dwelling right isn't formulated in our country. Moreover, the housing security system is deficient which aggravates urban residents'housing conditions. The article treatises around the system of Dwelling right and conceives the content of the social security system of urban residents'Dwelling right in our country, which cloud solve urban residents'housing problem.There are one foreword and four chapters in the article.In the foreword the article mainly introduces urban residents'housing conditions at present in our country, then it analyizes the reason of this phenomenon, which could lead to the following discussion.In the first chapter the article summarizes the system of Dwelling right. Fistly it introduces the basic theory of Dwelling right, including the origin, the concept and the classification. Secondly it analyzes the function of Dwelling right. At last it analyzes the value of Dwelling right.In the second chapter the article compares the system of Dwelling right in the civil law countries with the common law countries. Fistly it introduces the legislation of the Dwelling right in the civil law countries, then it introduces the legislation of the Dwelling right in the common law countries, finally it anaylzes the the relation and difference between them.In the third chapter the article expounds the necessity and feasibility of setting social security system of urban residents'Dwelling right in our country. At first it anaylzes the reason that Real Right Law didn't set Dwelling right, then it expounds the necessity and feasibility of setting social security system of urban residents'Dwelling right Specificly.In the fourth chapter the article puts forward to the conceives of setting social security system of urban residents'Dwelling right. Fisrt it analyzes the problem of the housing security system in our country and puts forward the corresponding countermeasure. Secondl it discusses that Dwelling right shoud be setted in our country and explicates the legislative goal and legislation model of Dwelling right y. Then the housing security system consists of social security system of urban residents'Dwelling right with the Dwelling right, which could proctect urban residents'Dwelling right.