Study On The Legal Issues Of The Right Of Residence

The right of residence was dates back to Roman law.Mainland legal countries made some changes and breakthroughs in the residence system according to the national conditions of each country.Before the promulgation of the civil code,Chinese scholars on whether the issue of residence has been discussed,finally in the civil code combining mainland law and the particularity of the law added the residence system,based on the right nature induction under the usufructuary right,the definition of the residence,establishment,transfer,inheritance,eliminate,and legal application,with six legal provisions to build the framework of residence system in our country.Based on the existing residence right system,scholars continue to discuss the refinement and improvement of the residence right system.The Civil Code stipulates the right of residence in the real right,which makes it clear that the concept of the right of residence is distinguished from the residential rights and interests in the general sense,and gives it the real right effect different from that of other houses.From the perspective of the value of the right of residence,the emergence of the right of residence system makes the judicial cases concerning the right of residence legal,activate the use value of idle houses in urban and rural areas,improve the existing housing security system in China,which is conducive to ensuring the living needs of vulnerable groups,and its legislation is fully necessary.But through the search of residence related cases and the study of typical cases,residence system also has shortcomings:residence subject scope is not clear,only stipulates the intention of residence way,not clear legal residence to join the civil code other to the protection of vulnerable groups,not the core of the legal relationship is the specific rights and obligations,eliminate cause not to the protection of the owners,etc.To perfect the system of residence in our country,in view of the insufficiency,through the investigation of foreign residence system,the comparative analysis of our residence system can absorb reference,and then combined with the actual situation of judicial practice put forward the following perfect Suggestions:first,restricted subject for natural person,and clear common residents and residents is different.Second,add legal right of residence,and the scope of application of legal right of residence for the necessary restrictions,so as not to increase the burden that the building owner should not bear.Third,refine the rights and obligations of both parties,in order to balance the interests of both parties protection.And based on the supplement of rights and obligations,it extends other causes for elimination,while protecting the residential rights and interests of the resident person without harming the interests of the house owner.Through the study of the right of residence,the existing system of residence in China,in order to provide a sufficient legal basis for the relevant right of residence disputes,standardize the judicial behavior,in order to adapt to the constantly developing social environment.