An Empirical Study Of The Right Of Residence System In China

The Civil Code of the People’s Republic of China formally established the system of residence right,which ended the debate about whether the residence right should be included in the law for more than ten years.On the basis of explaining the basic theory of residence right,this thesis investigates and analyzes the three problems existing in the system of residence right in the Civil Code,one is to set up the right of residence,and adopt the principle of strict registration and effective,and the way of establishment is too single.Second,the content of the rights and obligations of the occupant is too simple,easy to appear the situation of unclear rights and obligations,and then cause disputes.Third,the prohibition of transfer and inheritance limits the economic function of the right of residence and can not satisfy the present people The diverse demand for housing use.In view of the above problems,the author tries to design a questionnaire from three aspects: increasing the way of setting up the right of residence,constructing the content of the right of residence and obligation,establishing the system of investment right of residence,and distributing the questionnaire to the personnel engaged in the legal profession and the ordinary people.According to the results of the questionnaire,the data statistics and analysis are carried out,which provides first-hand information for the in-depth study of this thesis.Based on case analysis,literature retrieval and comparative research,and the current social and economic development and data analysis results,this thesisputs forward three supplementary and perfect suggestions,one is to establish legal residence right and to perfect the relevant provisions of obtaining residence right by will.Second,how to improve the content of rights and obligations of residents and other related issues are further discussed.The third is to put forward the suggestion of establishing multi-type investment residence right in view of the diversified demand of housing utilization.Through the above research,it is necessary to establish a modern residential right system which can not only effectively protect the living interests of the disadvantaged groups in social life,but also meet the needs of people for the diversity of housing.