Research On The Improvement Of The Right Of Residence System

The right of abode system originated from Roman law and was initially applied to the field of marriage and family.On May 28,2020,China promulgated its first civil code,namely the Civil Code of the People’s Republic of China（the "Civil Code"）,which formally established the right of abode system in the property section.The new system of right of residence in the Civil Code is a system creation from scratch,and its establishment aims to meet the living and housing needs of specific groups,which not only provides a legal basis for judicial application in China,but also provides an effective way to diversify the use of housing.However,China’s Civil Code on the right of residence system is relatively simple and general,unable to completely solve the problem of the right of residence in judicial practice,it is necessary to formulate relevant laws and regulations and judicial interpretation,fill in the loopholes of China’s right of residence rules,in order to better play the system value of the right of residence.The study on the improvement of the right of abode system is divided into three parts:firstly,the concept and characteristics of the right of abode are introduced,the nature of the right of abode is analyzed,and the judicial practice cases related to the right of abode in China’s social life are analyzed through the case study method.Secondly,the legal problems of the right of abode system in China are summarized through the analysis of the current practice and institutional structure.Finally,by analyzing and learning from foreign legislative experience,and combining the existing legal provisions and the past legislative history of China,we propose suggestions for improving the right of abode system in China.