Research On The Protection Of Housing Rights During Divorc

In every stage of human development history,the survival of vulnerable groups is not only a problem that cannot be ignored.With the rise of the birth rate,the number of people is increasing,high housing prices,and the demand for housing is large.People’s living problem has become the focus of social attention.In order to alleviate the housing pressure and strive to realize the good wishes of all people to live in,the state proposes to accelerate the establishment of a housing security system with public rental housing,indemnificatory rental housing and common property housing as principal.At the same time,according to the statistics of the Ministry of Civil Affairs in 2022,the number of couples who completed divorce registration in2021 was 2.139 million.With the increase of the divorce rate,the number of disputes over marital residence rights is increasing,and the difficulties in the protection of residence rights and interests during divorce deserve attention.In 2020,the right of residence of vulnerable groups was further protected,but also reflected many problems in judicial practice.The problems such as the single way of setting up residence right,the small scope of subject,the unclear object,the lack of rights and obligations and the way of elimination,etc.lead to the low application rate of residence right system in practice,and there are still some housing problems for the difficult people that cannot be solved,so the residence right system needs to be further refined and improved.Our country only stipulates the voluntary residence right.There is a legislative gap in the residence right system in the field of family affairs.The legal residence right is not recognized by law,which may lead to difficulties in the application of the residence right system in judicial practice.This paper takes the vulnerable groups in divorce as the research object,and studies the protection of residential rights and interests in divorce by comparing the relevant legislation at home and abroad and summarizing the judicial practice experience.In view of the dilemma between legislation and justice,this paper aims to maximize the social significance of the right of residence by improving the system of the right of residence and establishing the system of the right of marriage residence,so that people with financial difficulties at the time of divorce can be more fully protected in the right of residence.The marital residence right belongs to the legal residence right.Although its nature is economic relief,its content is closely connected with the real right system.This paper improves the protection of residence rights during divorce through three parts: The first part analyzes the deficiencies of our residence right system by comparing domestic and foreign relevant legislation,the second part summarizes the legislative defects of the residence right system in the field of family affairs through data and judicial practice cases,and the third part puts forward some suggestions to improve the residence right system in the field of family affairs based on our current legal system of residence right and combined with foreign legislative experience,In order to better realize the value function of residence right system.