Study On The Application Of Residence Right System In China

The residence right system originated from Roman law,which creatively separated the ownership of housing and made the use of housing more diversified.In its development,it gradually separated from the perspective of servitude based on social needs,and also produced the investment residence right based on the pursuit of maximizing the use of housing value.China started the discussion on the legislation of the right of habitation several years ago,but it has not been established in the relevant laws for various reasons.With the change and development of The Times,the housing contradiction in China has intensified and the application prospect of the right of residence has become more and more extensive.Therefore,the right of residence system has been formally established in the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code").The scope of application of the right of residence has also been gradually expanded,and it can play a relatively positive effect in many fields and aspects.Since the implementation of the Civil Code,the system of the right of residence has been continuously promoted and recognized,and gradually been understood and accepted by more people.The existing system of residence right in our country still has the value of space and utilization which can be improved.Starting from the basic content of the right of residence and the existing legal provisions of Our country,the application of the right of residence system in Our society is studied by literature analysis,comparative study and case study through the research and analysis of the development of the legislation of the right of residence system,the significance of the system and the application effect,and the limitations of the system in practical application are explored.Try to explain and clarify the content of right of habitation reasonably;Considering the construction and improvement of the system of paid residence right including investment residence right,and the creation of the corresponding content and procedures,so as to promote the rational allocation of social resources;Expand the applicable space of residence right system,make it increase flexibility and added value,and strive to make it provide greater help to solve the existing housing contradiction in our society.Both social residence right and investment residence right should focus on the realization of the value of "living in a place" and provide new solutions to solve the housing contradiction facing our country at present.