Research On The Legal Construction Of Investment Residence Right In China

The Civil Code established the residence right system,which to a certain extent guarantees the housing interests of vulnerable groups and improves the existing housing security system in China.However,there are some imperfections where the right of habitation tends to be servitude.It is highly dependent on the person,and the right of residence shall not be transferred or inherited,and in principle shall not be rented or transferred without compensation.It completely equates the system with the housing security system,ignoring the investment right of residence and other forms of housing utilization in the real society,thus reducing the scope of application of the right of residence system.With the improvement of economic level and market economy status,residents have more diversified ways to use their houses.Therefore,the right to housing system in the Civil Code cannot meet the housing needs of most people in reality,and only a small number of people are willing to set up residence right for others without compensation.Residency at the same time,the current Civil Code has a regulation can be established in the form of paid,it provides the investment residency creating space,in addition,many countries residency legislative experience for our investment residency legislation also provides the direction,therefore,it is necessary and feasible to establish a system of investment right of residence in China at present,based on this,the system of investment right of residency is created,through the content of investment right of residence is constructed to further expand its rights on the basis of the traditional right of residence system.By giving it the right to transfer and inherit,it can revitalize the market stock and unused properties,making the right to housing system more responsive to the needs of the majority of people in reality,so that the majority of people in society can enjoy the bonus of the system,and realize the goal of housing.