| The right of residence was born in the period of Roman law,and it is positioned as the category of human servitude,which is located in the system of human servitude.With the economic and social development,the European countries have inherited the housing right system,and carried out different degrees of development,and the scope of application has achieved different degrees of expansion.Chinese scholars have launched heated discussions on the"Property Law" before and after it was enacted.The main point of contention is whether the right of residence is necessary to enter the law.Several drafts of the "Property Law"stipulate the right of residence,but they finally believe that it is applicable.It was too narrow and the relevant regulations were deleted,but scholars have been studying and discussing them since then,and they have never stopped.After a lapse of more than ten years,during the formulation of the "Civil Code",scholars had heated discussions on whether the residency system was included in the code.Different from the formulation period of the"Property Law",the majority of scholars who agreed to be included in the Code,on this basis,discussed the expansion of the scope of application of the right of residence.Like the European countries,they agreed to break through the limitations of human servitude and change the right of residence.Extend to the category of property rights or property rights of residence.The "Civil Code"passed in 2020 finally recognizes the residence right system as a brand new usufructuary right in my country’s legal system.However,by observing the relevant six articles,it can be seen that the residence right stipulated in the Civil Code still maintains the traditional residence right to a great extent,and does not reflect the property rights or properties well,which will restrict the residence right system to play a role.Therefore,this article attempts to learn some experience of comparative law,extensively read relevant domestic and foreign documents,retrieve relevant cases in judicial practice,conduct research on the housing right system,put forward opinions on the expansion of the application scope of housing right,and put forward some suggestions for improving the system.This thesis includes the following five parts:The first part introduces the emergence of residency rights and its development in European countries,and summarizes the scope of application of traditional residency rights,that is,it is mainly applicable to marriage,family and inheritance to protect the rights and interests of disadvantaged groups.The second part analyzes the main reasons of scholars who support the expansion of the scope of application of the right of residence,and expounds the views of scholars who adhere to the scope of application of the traditional right of residence,and finally conducts a theoretical analysis.In the third part,the basic situation is sorted out by searching the cases in my country’s judicial practice.In other fields,the number of cases is positively correlated with the degree of economic development.Then it sorted out the ways that judges dealt with the disputes about the right of residence before the right of residence was entered into the Code.The fourth part sorts out the types of expanded housing rights,and divides them into guaranteed housing rights and property housing rights.The former is further divided into family security housing rights and social security housing rights,of which family security housing rights It still applies to marriage,family and inheritance,and social housing rights apply to the expanded social housing security areas;the latter is divided into investment housing rights and consumer housing rights,which are applicable to investment and consumption areas respectively.Under the premise of expanding the scope of application,the fifth part puts forward some suggestions on how to improve the residence right system of my country’s"Civil Code",mainly from the establishment of residence right,the subject and object,the content,and the reasons for elimination,to suggest to meet the needs of social practice,so that the rules can be applied to all areas after expansion. |
