Study On The Right Of Residence And Its Legal Application

The inclusion of the right of residence in the Code of Civil Law is a highlight of China’s Civil Code,and it is the embodiment of conforming to the public opinion.However,the legal provisions related to the right of residence are still principles-based and abstract,which need further explanation and improvement in theory and application.The issue of housing is the most important part of people’s life.People’s "housing" is closely related to the development and stability of a country.When China began to enact the Property Law,there was a great controversy about whether to establish the right of residence.At that time,the legislature thought that the right of lease and other rights could meet people’s living needs,and it was not necessary to establish the right of residence,so the right of residence was not included in the Property Law.At present,with the constant change of social environment,the importance of house value in life is obvious.Therefore,when the Civil Code was compiled,the right of residence was added again in the draft of the real right.Whether the right of residence is included in the code again aroused wide discussion in the academic circle.In view of the 19 th National Congress of the Communist Party of China(CPC),and in order to fulfill the requirements of the CPC Central Committee and meet the housing needs of specific groups,the legislature finally established the right of residence system in the Civil Code for the first time.According to Article 366 of China’s Civil Code,the occupant has the right to enjoy the usufructuary right of possession and use of others’ residences in accordance with the contract to meet the needs of living.In addition,Article 369 of the Civil Code stipulates that the right of residence shall not be transferred or inherited,so the right of residence is different from the easement and belongs to the category of servitude.There are only six provisions on the right of residence in the Civil Code of China,which are simple in content and only involve the connotation,establishment and elimination of the right of residence,and the effectiveness of the right of residence,as the most important part of the right of residence,is not reflected in the Civil Code.Although the contents of extraterritorial right of residence are also so simple,they stipulate that there is usufructuary right,and the relevant provisions of usufructuary right can be applied to the establishment,extinction and effectiveness of the right of residence.However,China’s Civil Code has no systematic system of personal servitude and no regulations on usufructuary right.Therefore,the usufructuary right cannot be applied in legal application issues such as the establishment of residence right,the scope of subject,the definition of object,the legal effect,and the cause of elimination.In addition,the Civil Code of China only stipulates the right of intentional residence,which is difficult to fully protect the residential rights and interests of vulnerable groups.Therefore,it is necessary to construct the legal right of residence to cooperate with it.In addition,the right of residence has great development potential in the field of investment and is worthy of further expansion and application.Accordingly,it is necessary to analyze the above right of residence and its legal application one by one,in order to help the scientific understanding and accurate application of right of residence.This paper mainly conducts research and analysis from the following four parts:The first part is the overview of the right of residence,from the concept of the right of residence,the characteristics of the right of residence,the definition of the relationship between the right of residence and related rights and the type of the right of residence to comb the basic problems of the right of residence;The second part analyzes the system of the right of residence in China and the possible problems in the main links when the law is applied.The third part analyzes and investigates the current situation of the application of the right of residence in foreign countries to provide reference and ideas for solving the problems of the right of residence and its legal application in China.The fourth part,through the discussion of the above chapters,puts forward some suggestions to solve the problem of the law application of the right of residence in China,in order to realize the comprehensive protection of the vulnerable groups and the maximization of the function of the right of residence.