On The Perfection Of China’s Residence Right System

China is a great country with a population of 1.43 billion,Land resources are precious,coupled with the high cost of construction and development,house prices remain high.It is not realistic to solve the people’s housing problem completely through the purchase of commercial housing,More and more groups have joined the rental army,Although house leasing provides people with an effective means to use others’ houses at a relatively low price,the debt law system design of leasing relationship is difficult to provide people with stable housing security.At the same time,China’s housing security system can not effectively cover all people who need housing relief,and the property right of affordable housing is not clear,so it is urgent to reform.The problem of housing security in China is difficult to be effectively solved fundamentally.What the people want,the government wants.What the people want,the government wants.In order to meet the requirements of China’s housing system reform,The civil code of the People’s Republic of China(hereinafter referred to as the civil code)incorporates the "right of residence" into the title of real right.The residence right system has opened up a new channel to solve the long-standing housing problems in China,and provided institutional support for the reform of China’s affordable housing system and the reform of housing pension system.At the same time,the economic value of the right of residence in the diversified utilization of houses can not be ignored.After the baptism of the dispute between preservation and abolition,the development of the right of residence in China should no longer be confined to the framework of personal servitude.The current law stipulates the definition of the right of residence,the structure,establishment and change of legal relations.However,only these provisions can not effectively deal with many problems faced in the application of the right of residence.This system still has a lot of room to expand in China.This paper mainly studies from four aspects: overview,comparison and reference of foreign systems,main contents and existing problems of the residence right system,and suggestions to improve the residence right system.First,in the overview,it mainly explains how to define the right of residence,the legal attribute and function of the right of residence;Secondly,in the research part of foreign systems,it introduces the subject,establishment and right restrictions of the right of residence in the French and Italian codes;The system of traditional residence right and long-term residence right established under the dual legislative channels of German code and separate law,as well as the relevant provisions on residence right in British and American laws,in order to get the Enlightenment of perfecting China’s residence right system;Third,in the part of analyzing the main contents and existing problems of the residence right system,this paper introduces the types,subjects and objects,change rules and powers of China’s residence right,This paper analyzes the main problems existing in the application of the right of residence: Including the single type of residence right,unreasonable registration rules and strict circulation restrictions;Lack of coordination with other rights;Fourth,put forward suggestions to improve the residence right system,include: Add legal residence right and investment residence right;Improve the registration rules of residence right: Distinguish the right of indemnificatory residence from the right of investment residence,and adopt the doctrine of registration elements and the doctrine of registration antagonism respectively;Give the right of residence considerable liquidity;Construct the coordination rules between the right of residence and the relevant rights that may exist on the house.