Study On Residence Right System

Housing of the citizen’s basic survival interests and property interests involved,but at present our country excessively high house prices caused many citizens living needs cannot be satisfied,whereas the residency system originated in Roman law which provides a new perspective to help solve the problem,and residency of investment properties,to improve the utilization efficiency of real estate,increase property utilization way also is of great significance.The establishment of the residence right system in the Civil Code is of positive significance for maintaining social stability and meeting residential needs,but its provisions are slightly sketchy,which only increases the difficulty for the practice of residence right.Based on the basic concept,characteristics and legislative purpose of the right of residence,this paper analyzes the problems existing in the legislation of the right of residence system in China based on the legislative status of the right of residence,and puts forward relevant suggestions for improvement on this basis.First,this paper discusses the historical and conceptual characteristics of the right of habitation.Residency originated in Roman law,the protection of vulnerable groups living interests played an important role,that is where the legislative purpose,the same residency in subsequent by continental law system and Anglo-American law system countries inheritance and development,personal servitude right attribute weakening,the increased investment property is a sign of its development,residency human-centered security special subject interests of live,It has typical characteristics of human servitude,and the right of habitation is the possession and use of other people’s house,and has typical characteristics of usufructuary right.Secondly,this paper discusses the legislation status of the right of residence in the main civil law countries and the Common law countries.France,Germany and Italy’s residence right system is relatively perfect in the subject,object,content and cause of elimination,among which Germany has established long-term residence right to increase the investment function of residence right.British marriage house residence,residential division and lifelong marriage property system in the United States,although with typical continental law system countries residency exist significant differences,but still performs the function of living guarantee,American and British residency for the protection of the weak body,to the attention of the procedural justice,and a strong natural moral attributes as its important features.The legislative experience of the right of residence in foreign countries is the accumulation of their long-term practical experience of the right of residence,which has great reference significance for the improvement of the right of residence in China.Thirdly,this paper discusses the legislative status of the right of residence in China and analyzes the existing problems in the system of the right of residence in China.Stipulated in the civil code and the residency system in China does not yet exist related legal interpretation,"civil code" article 366 to article 371 the provisions of the residency in turn the subject and object,content,purpose,nature,sets up the principle,the contract form and content,free registration effectiveness model,distribution rules,elimination of reason,residency rules established by a will.There are many problems in the system of residence right in China,such as the unclear scope of the subject of the right of residence,the need to define the object of the right of residence,the blank content of the right of residence,the defects in the establishment of the right of residence,and the problems in the transfer of the right of residence and the changing rules.Finally,in view of the defects in the legislation of the right of habitation in China,this paper puts forward corresponding ideas to perfect the definition of the subject and object of the right of habitation.Improve the content of the legal relationship of the right of residence,distribute the rights and obligations between the parties of the right of residence fairly;Increasing the legal acquisition of residence right;Building diversified types of residence right and increasing commercial residence right;Breaking through the principle of free establishment of residence right;Improve the rules of transfer of right of residence,break through the characteristics of servitude of right of residence,break through the restriction of transfer prohibition of right of residence;Improve the rules of residence right change,clear the cause of the elimination of residence right and the duration of the right.