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On The Perfection Of My Country’s Residence Right System

Posted on:2022-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:J M MaFull Text:PDF
GTID:2506306746952229Subject:legal
Abstract/Summary:PDF Full Text Request
Living and working in peace and contentment,happiness and well-being has always been the best life vision for people.After entering the 21 st century,under the background of national economic take-off,the rapid development of real estate has also caused many social problems.In social life,when we often talk about the elderly pension,divorce and other topics,it will inevitably be linked to a series of issues related to the living and living interests of the relevant stakeholders,the satisfaction of living needs and the protection of living interests.The leasing system and related policies directly related to living and living cannot respond well to and solve the urgent practical problems in life,and cannot fundamentally protect the living needs and interests of the parties and relevant stakeholders from being damaged,which is not conducive to the development of judicial work.and social stability has brought a great burden,and the importance of basic living and housing security has become increasingly prominent.The right to residency system came into being in this social background.my country’s "Civil Code" added the right of residence system for the first time.On the one hand,the new residency system is in response to the needs of the current national economic development and policies,which is conducive to improving the social security system,guaranteeing people’s housing from multiple perspectives,and addressing social problems such as aging head-on.On the other hand,it is conducive to promoting the diversified utilization of houses.Faced with the pressure of life,it is difficult to find a house.Buying a house or renting a house cannot meet people’s needs for housing stability."Housing for the elderly" also needs legal protection.At the same time,it has played an important role in meeting the basic housing needs of certain vulnerable groups such as divorced women,the elderly and children,and ensuring the housing interests of certain vulnerable groups.Compared with other countries,the legal provisions on the right of residence in my country are still too principled and abstract.The court cannot learn the relevant provisions of foreign countries for the right of residence to use usufruct mutatis mutandis,because there is no servitude system in my country.There are also no detailed provisions on usufructuary rights,so the application of usufructuary rights cannot be referred to in terms of the establishment and effectiveness of the right of residence in my country,the relationship of rights and obligations,the determination of validity,and the termination of rights.The six articles of the Civil Code concerning the right to residency system are too abstract,the establishment method is weak,the scope of application is ambiguous,and the validity of the contract is simply determined.These issues require further discussion and research by legal workers and academic circles to identify and analyze them.This article takes the residence right system in the Civil Code as the research object,through searching,analyzing and summarizing the development achievements at home and abroad,combined with the latest domestic and foreign research theories,and focusing on the establishment of the right of residence from the writing ideas of problem proposal,analysis and improvement,the determination of the scope and validity of the subject and object of the right of residence,the relief and protection of the right of residence,etc.,to try to conduct academic discussions,and to put forward reasonable suggestions for the legal application of the existing laws and regulations to the right of residence system.The smooth implementation of the Civil Code in my country reflects the formulation value and legislative purpose of the right of residence system.
Keywords/Search Tags:Right of residence, right of voluntary residence, right of legal residence, application of law
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