On The Legislation Of Dwelling Right System In China

As an ancient system, dwelling right came from Rome Law and is a form ofpersonal servitude. In order to achieve the aim of Residents Own Their Own Homes,the civil law of the major countries all over the world accepted dwelling right systemof Rome Law in different degree, and made some improvement. French Civil Lawaccepted the dwelling right system of Rome Law completely, the dwelling right it setis established mainly by contract. The dwelling right that is set by German Civil Lawhas two forms, one is the traditional dwelling right in Civil Code, the other is thelong-term dwelling right. There are also legislations and legal precedents aboutdwelling right in common law countries, they are reflected in Marriage and FamilyLaw.Currently, protecting and broadening the interests of the masses especially thevulnerable group by legislation is an important legislative goal. As a legal systemwhich is beneficial for supporting basic livelihood of vulnerable group, dwelling rightsystem is of significance to safeguard normal family relationship, accomplish thesocial function of old-age and children support and promote social harmony. Dwellingright system reflects the socialist concept of rule of law of people-oriented andcontributes to realize Home Ownership which was proposed in the17thNationalCongress of the CPC. Certainly, the function of dwelling right system is not limited toprotect the dwelling right of vulnerable group, nowadays, commodity economy ishighly developing, there are a lot of practices which the ownership and usufruct ofhouses are separated by owners with intention to exchange or make money, such astransfer ownership and reserve dwelling right, or provide dwelling right to others. Thefunction of dwelling right system has extended to accelerate wealth flowing andincrease house utilization, and can design houses invest.Dwelling right once emerged in the draft of Real Right Law of the People’sRepublic of China, but since the academia, practical circle and masses had different opinions about it, the current Real Right Law of the People’s Republic of Chinadoesn’t state it as a particular real right. During the course of houses utilization andtrading, because of lacking real right legislation of dwelling right, the solution ofhousing disputes is lack of concrete basic.Dwelling right system has a long story, and there are also amount of problemsabout dwelling right in practice of our country, but the Real Right Law of our countrydiscards it. Whether the system has irreparable defects himself or it doesn’t suit tolegal system or social condition of our country? I don’t think so. Therefore I’m tryingto do research basing on dwelling right and explore it through theory and practice,intending to encourage the legislation of dwelling right in our country.This essay comprises the following contents, the first part is the basic legalprinciple of dwelling right. It mainly expounds the concept, origin and feature ofdwelling right and the relationships between dwelling right and its similar concepts.The second part inquires into the legislation of dwelling right in other countries. Itanalyzes the current situation of legislation of dwelling right in France, Italy, Germany,Britain and America. The third part, it raises the necessity and feasibility of legislationof dwelling right in our country. It lists scholars’ approving and opposed views aboutthe legislation of dwelling right in our country and explains the necessity andfeasibility of legislation of dwelling right in our country by cases. The forth part, itraises the conception of legislation of dwelling right in China. It raises particularconception of dwelling right concerning legislation style, definition, acquisition andabolishment, content and protection, according to current economic and socialsafeguard system, absorbing the experience of administration of justice in our countryand drawing on the experience of other countries.