Research On The Right Of Residence Syste

The habitation system originated from Roman law has had a profound influence on the civil code of most civil law countries in the world.The introduction of the residence right system has been discussed fiercely in our country,and the residence right system was designed in the draft of the Property Law,but it has not been adopted for various reasons.Since the 19 th CPC National Congress,the Central Committee has proposed to establish a more complete housing security system so that the people can have adequate housing.In order to respond to people’s concerns and focus on people’s well-being,the payment of residence once again entered the vision of lawmakers.Finally,the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)was officially promulgated in May 2020,and the residence system was formally incorporated into the real right compilation,becoming a new member of the usufructuary right system in China.The entry of the residence system provides a basis for judicial practice to solve the housing needs of the people,and further improves our usufructuary right system.However,it should also be noted that the system of human right has not been introduced at the same time in the Civil Code of our country,and the system design of residence right is only six provisions,which is still not perfect in the relevant regulation.In this regard,on the basis of learning from the legislative experience of relevant civil law countries outside the region,this paper puts forward relevant suggestions to improve the residence right system,and believes that the dual structure of social residence right and investment residence right should be perfected to meet people’s diversified housing needs.The establishment way of residence right should be added,and the elimination form of residence right should be perfected to adapt to the development of social practice.Perfecting the rights and obligations of residents,maintaining the balance of interests between residents and owners,and finally promoting the perfection and development of the residence system in our country.