Review Of China’s Residency System

Meeting people’s living needs is an important part of ensuring people’s livelihood.However,with the development of urbanization,the phenomenon of high housing prices has become increasingly prominent.At the same time,with the problems caused by China’s population aging,it is considerable important to solve the housing problem.The government should formulate the focus of reform based on the needs of the people.The addition of residence right system in the Civil Code is a response to solving the housing problem.The residence right protects the living interests of the specific people.On the one hand,as a right between the ownership of houses and leasehold,it relieves people’s housing pressure.On the other hand,it not only provides a new model for housing utilization,but also provides the institutional basis for people to adopt the house-forpension model under the background of population aging.As a newly added usufructuary,the Civil Code only provides the meaning,subject,object,establishment method and conditions for its effectiveness and extinction in a general way with 6 legal provisions from Article 366 to 371 in the Civil Code,and defines the residence right as residence right for the social purpose,endowing it with strong personal specificity and ethics.Therefore,it has certain institutional limitations.In terms of right subject,legal person and unincorporated organization should be included in the scope of right subject of the residence right,so as to ensure that civil subject enjoy rights equally.In terms of rights and obligations,the rights and obligations of both parties shall be clarified,so as to avoid the rights and obligations agreed upon by the parties themselves from being invalid due to violations of the principle of numerus clauses.In terms of rule of right transfer,the rule that the residence right can be transferred in principle should be established,and the advantages of the residence right system should be brought into play.In terms of institutional functions,a system of residence right in which residence right for the social purpose and residence right for the investment purpose should be built to resolve the single problem of the function of the residence right.