Research On Chinese Legal Right Of Residence System

The housing problem is related to the well-being of people’s livelihood.In order to achieve the goal of people’s housing,China established the residence right system in the civil code promulgated in 2020.The right of residence started from Roman law,many later countries have stipulated the residence right institution in their own legal system.The system design of residence right also appeared in the draft period of property law in China.China’s current right of residence system only stipulates the voluntary right of residence,but not the legal right of residence.Through the analysis,it can be found that the system of voluntary residence right can not replace the legal residence right when the two sides can not reach an agreement.In the judicial practice of the civil code,some courts have broken through the provisions of legal provisions and established the legal right of residence for the vulnerable parties.China’s divorce economic assistance system can not protect the housing rights and interests of the needy party.The measures on housing residence in the protection of the rights of the elderly and the juvenile guardianship system can not protect their living rights and interests.The lease system as a creditor’s right can not be superior to the legal right of residence as a real right,so it is necessary to establish the legal right of residence in our country.As there are relevant legal systems at home and abroad for reference,and can take care of each other with other systems,the establishment of legal residence in China is feasible.If China wants to establish the legal right of residence system,we should not only pay attention to the protection of vulnerable groups,but also ignore the legitimate rights of housing owners.All localities as well need to refine the specific provisions of the legal right of residence.In the design of legal provisions,only the general provisions of the legal right of residence(such as the way of establishment)can be stipulated in the real right series,while the specific application circumstances can be stipulated in the marriage and family series,inheritance series and other specific sub series.The subject of the legal right of residence should be a natural person,and the object should be the house or a part of the house,including the ancillary facilities of the house.In order to better protect vulnerable groups,China’s legal right of residence can be considered as registration antagonism.The ways of its right elimination include the elimination of the house as the object,the unilateral abandonment of the right by the resident,the death of the resident,the expiration of the time limit and the use of the house by the resident for purposes other than life.The legal residence right holder has the right to take the house as the place of daily life,collect natural fruits and transform the house within a reasonable range;The obligation of the person with legal residence right is to protect the integrity of the house,not to buy,sell or rent the house,and timely return the house to the house owner and cancel the registration after the elimination of the right.Housing residents have the right to request the elimination of nuisance when the house is infringed and the right to request the court to revoke the legal right of residence when the cause of the legal right of residence is eliminated.The applicable fields of legal residence right in China should include the legal residence right of the difficult party in divorce,the legal residence right enjoyed by children or parents to the other party and the legal residence right of their co residents when the decedent dies.The duration of the legal residence right can be specified in a certain range according to different fields of application.In principle,the legal right of residence should be established free of charge,but with exceptions,it can be paid.In case of conflict between legal residence right and ownership,the ranking problem can be judged according to whether the legal residence right is registered and whether the buyer is in good faith.When there is a conflict between the preemptive right of the legal right of residence and the preemptive right of the lessee,the priority of the preemptive right can be judged according to whether the purchaser is a close relative.When there is a conflict between the legal right of residence and the mortgage on the house,the order can be judged according to the registration and time sequence of the legal right of residence.When there is a conflict between the right of residence,its order can also be judged according to whether the legal right of residence is registered or not and the time sequence of registration.