Study On The System Of Residence Right In The Civil Code

The residency system originated from ancient Roman law and was established to provide housing needs for vulnerable groups with specific identity relationships.The usefulness and practicability of this right system have attracted the attention of many European and American countries,such as France,Germany and the United Kingdom,while in East Asia such as Japan,there is almost no trace of residency rights.As far as our country is concerned,the right of residence has always been a widely discussed issue.However,in the era of property law,the legislators did not incorporate the content related to the right of residence system into the legal system of our country.In recent years,with the acceleration of urbanization in my country,the shortage of real estate resources and rising housing prices have become increasingly apparent,so that the living rights of the middle and low-income groups cannot be guaranteed.Therefore,during the compilation of the Civil Code of the People’s Republic of China（hereinafter referred to as the Civil Code）,the right of residence was incorporated into the Civil Code as a usufruct right.The entry of the right of residence into the code is of great significance.However,since the right of residence system is a brand-new system in my country’s civil law system,the Civil Code stipulates the right of residence system in six articles,and its content is inevitably ambiguous,and the supporting measures are not yet mature.The greatest value of the right of residence,there are still many contents related to the right of residence that need to be clarified and improved.In view of this,this paper adopts the method of combining history and reality,starting from the basic theory of the right of residence,focusing on analyzing the legislation status of the right of residence,and providing a theoretical basis for improving the system of the right of residence.This paper is mainly divided into five parts for discussion:the first part is to understand the background of the right of residence,find out the great significance of studying the right of residence system,and summarize the research status of the system of the right of residence at home and abroad,so as to determine the research content of this paper.The second part introduces the basic concept of the right of residence,analyzes the servitude and property of the right of residence,and distinguishes the difference between the right of residence and the similar concepts such as ownership and lease.The third part is to sort out and analyze the legal status of the residence right system in our country.Based on the provisions of the "Civil Code" on the right of residence,this paper systematically discusses the establishment,subject,object,rights and obligations,elimination and application of the right of residence in my country,and summarizes the shortcomings of the right of residence system.The fourth part,through comparative research,observes and compares the regulations of the right of residence in countries or regions of the civil law system and the common law system,learns and draws on the advanced experience of the system of the right of residence outside the territory,and carries out the localized transformation of the system of the right of residence for the follow-up.Lay the foundation.The fifth part,on the basis of the aforementioned analysis and experience,puts forward some pertinent suggestions for the problems existing in the establishment and implementation of the right of residence in our country.