Study On The Application Of Law Of Right Of Habitation In China

In order to implement the requirements of the 19 th National Congress on accelerating the construction of the housing system,the Civil Code added the right of residence in the form of a special chapter,providing a legal basis for the application of the law on the dispute of the right of residence.However,the Civil Code focuses on the guidance of principle rules in the design of specific norms,and new problems appear in the judicial practice of the right of habitation.Under this article will base on the system of the civil code,since the implement of the civil code involved right dispute case study,through a summary of the typical case analysis,the focus of controversy,tease out four big difficult problem in judicial application of residency in combination with other country residency applicable experience,further brings forward Suggestions on residency applicable law,It is expected to benefit the construction of residence right system in China.This paper is divided into three parts:The first part of case introduction,in line with the applicable law will highlight the residency key problems,this article selects three typical cases,through the analysis of typical cases,summed up the case dispute focus,combing the judge judge ideas,explore the judges on the cognizance of residency and scope of application is not form a unified understanding,thus introducing residency applicable law issues.The second part proposes the problems of the application of the right of residence law.Combined with the problems of the application of the law sorted out from typical cases and compared with other cases retrieved,the four problems of the application of the right of residence law in China are clearly pointed out.It includes fuzzy function orientation of right of habitation,unclear scope of subject and object,limitation of establishment method,and lack of conflict resolution rules with other rights.It lays a solid theoretical and practical foundation for the third part to improve the legal application of right of habitation.The third part is suggestions on improving the application of the right of residence law,which is the focus of this paper.In view of the problems in the application of the right of residence law mentioned above,suggestions on improving the application of the right of residence law in China are proposed by referring to the applicable experience of the civil law system and the Common law system and the legislative experience of the right of residence in China.It includes clarifying the function orientation of the right of habitation,clarifying the scope of the subject and object of the right of habitation,reasonably broadening the way of establishment of the right of habitation,and establishing conflict resolution rules with other rights.