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Research On The Right Of Residence System In My Country

Posted on:2022-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2506306602991419Subject:legal
Abstract/Summary:
At present,due to the scarcity of housing resources,it is difficult for everyone to own a house in China.In addition,the divorce rate is increasing,the aging population is serious,and the social security is not strong.In this context,housing for all becomes an urgent and unfulfilled desire.The right of residence system has been established in the Civil Code to meet the objective needs of people in real life.However,there are still some prominent problems in the system structure and system of the right of residence.In the future,we should learn the advanced experience of foreign countries in the legislation of the right of residence to promote the perfection of the system of the right of residence.First of all,we should perfect the structure of the residence right system.First,the legal establishment of the right of residence should be increased to fully protect the residential interests of vulnerable groups and ensure their absolute protection by law.Secondly,the scope of the subject of the right of residence should be defined,including the person with the right of residence,the family members living together with him or other people living together.Third,perfect the residency rights and obligations of the content,to promote the residency effectively used,should be further defined in "civil code" rights of pre-emption rights,maintenance of residency,decoration of rights,the right to receive compensation,increase the duty of the rational use of housing,the obligation to return the home,the inform obligation.Fourth,the cause of the elimination of supplementary right of residence.Secondly,to promote the coordination and cohesion of the right of residence system in the real right,marriage and family,inheritance.The system of the right of residence in China can not only be supplemented and improved in the real right part of the Civil Code,but should be supplemented and improved in the marriage and family part and inheritance part which are closely related to the right of residence,so as to promote the cohesion and coordination of the system of the right of residence in the three parts.
Keywords/Search Tags:civil code, Right of residence, Institutional structure, Three series coordination
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