Study On The Right Of Residence System

The right of residence is a very ancient right,originated from the Roman law and belongs to the category of servitude.It was originally established to take care of the wife who had no inheritance right and the freed slaves,so that they could have a place to live.This system has been inherited and developed by many countries and has important practical significance.As the civil code of the People’s Republic of China(hereinafter referred to as the "civil code")goes into effect,residency system as a whole new system into the real right,also entered the People’s Daily life,in fact,as early as2007 the property law of the People’s Republic of China(hereinafter referred to as the "property law"),has been included in the draft legislation residency system,However,due to too much controversy,it did not enter the legal system of our country in the end.The inclusion of the right of residence in the code is based on the practical needs of the related housing problems over the years,and other systems are difficult to replace the actual situation of the right of residence.However,at the beginning of the new law,it is necessary to pay attention to the understanding,application,perfection and development of the right of residence.Based on this,the author uses five parts to introduce and study the basic theory of the right of residence,the explanation of the rules of the right of residence system,the application of the right of residence system,the system construction of the right of residence system and the suggestions for the improvement of the right of residence system.The first part starting from the concept,nature,elaborates the basic theory,the right typed analysis,analyze the function of residency,multiple points of view through different types of residency for the residency and future development trend,compared with other similar system of residency bulge residency characteristics and advantages.The second part of the current "civil code" to interpret existing residency system involving law,respectively,the establishment of subject and object,right of residence and elimination,and explains the specific content of residency,based on the existing in the judicial practice after the interpretation of the law for application and theory a good groundwork for residency perfect development and support.The third part mainly from applied aspects of residency at the trial practice,as a judicial organ should be responded on residency law,especially from the characteristics of current affordable residency in China,this part mainly from cases of marriage safeguard,pension remarriage cases,succession cases,family members internal disputes and so on four kind of case,to fully apply residency,Give full play to the safeguard function of the right of habitation.The fourth part is the systematic construction of the system of the right of residence.The right of residence has just been added to the legal system of our country,and it needs to be coordinated with other laws,mainly from two aspects of the coordination with the real right system and the coordination with the laws of other departments.Starting from the legal issues,the author makes some coordinated suggestions.At present,the fifth part of the residency system for further exploration and improvement of is,after all,the new law will naturally have a lot of imperfect places,mainly from the residency rights and obligations set,the establishment of residency and eliminate the way to the establishment of legal residency and building investment residency four aspects for further research and puts forward the opinions of the relevant.