China’s housing reform has always been concerned by all the people.Our government is also devoted to establishing a good housing security system to meet people’s housing needs.However,China’s housing reform started late,and did not keep up with the pace of economic development,housing problems have been plagued by people.At present,our government is also actively introducing policies related to housing security,trying to coordinate the allocation of market resources,provide public services related to housing,and resolve the contradiction between supply and demand of housing.With the increasing disputes over the right of abode in society,the housing problem is not only a focus of social security,but also a focus of law.After more than 20 years of discussion and amendment,the right of residence was finally established in the civil code in order to properly solve the people’s housing problem.This paper describes the concept,nature,legislative background and other basic theories of the right of habitation in detail,then fully studies the legal norms of the right of habitation,and analyzes the understanding of the legal provisions of the right of habitation,including the subject and object of the right of habitation,the way of setting and eliminating the right of habitation,the restrictive conditions of the right of habitation,and then analyzes the places where the system of the right of habitation has not been explained There are three main problems in the analysis of the right of residence system: whether the right of residence can be extended to the legal right of residence,whether the scope of the right of residence can be extended to the investment right of residence,and what are the rights and obligations of the right of residence holders.Finally,the problems without explanation are reconsidered and relevant suggestions are put forward.The full text is divided into five parts: the first part gives an overview of the system of the right of abode,and describes the concept,nature and legislative background of the right of abode,which lays the theoretical foundation of this paper.The second part is a detailed description of the legal provisions of the right of abode.It mainly describes the subject and object of the right of abode.It explains that the subject is a specific natural person,and the object is another person’s house,which can also be a part of the house.It also explains the way of establishing the right of abode and the cause of its extinction,including the two ways of obtaining the will and contract of the right of abode,the right confusion and other parties of its extinction It explains the restrictive conditions of the right of residence.The right of residence of social security type can not be transferred and inherited.In the third part,there is no place to explain the right of habitation system.Through the cases of divorce right of habitation,old people’s right of habitation,investment right of habitation and disputes over the right and obligation of habitation,this paper analyzes the three main problems of the right of habitation system: whether the right of habitation can be extended to the legal right of habitation and whether the scope of the right of habitation can be extended to the investment right of habitation and the right of the habitant What are the obligations.The fourth part,in view of the above-mentioned residence right system has not been explained,combined with the experience of various countries’ residence right system and China’s national conditions,explains and supplements the residence right system of the civil code. |