Study On The Legal Application Of The Right Of Residence In The Civil Code

With the advent of the new era,people’s quality of life has been significantly improved.However,the contradiction between the economic development and the limited land resources makes the price of commercial housing remain high.The housing rental price in various cities,especially in key cities,has gradually increased with the influx of migrant workers,resulting in the short supply of housing demand.Therefore,some people still have difficulties in housing.The 19th CPC National Congress and the 20th CPC National Congress report successively emphasized the importance of adjusting the housing system,aiming to achieve the goal of letting all people have a place to live.The introduction of the right of residence in the Civil Code is an effective response to the Party and national policy objectives,as well as a positive response to the needs of The Times and social development.The right of occupancy is different from the right of lease,which is based on a claim relationship,and is a usufruct right;at the same time,the right of occupancy is personal and gratuitous,which makes it a servitude.The right of residence is also a macro legal concept,and according to different classification criteria,the right of residence can be classified as a servitude or usufruct right of residence,an intentional or statutory right of residence,and a right of residence based on the form of adjudication.The codification of the right of residence has far-reaching significance for China,which is conducive to improving the socialist legal system with Chinese characteristics and building a strong socialist state under the rule of law,as well as helping to solve the housing needs of groups in need at the legal level due to its social security function,thus reflecting its high social value.In addition,as an emerging legal system in China,the right of abode is also a test of the quality of China’s adjudication,and timely study of its legal application can help accumulate judicial experience for the subsequent improvement of the legal system of the right of abode and enhance the accuracy of adjudication.The residence right system originated from Roman law,which laid the keynote of the development process of the residence right system,that is,the property of human servitude runs through the system from beginning to end.At the same time,the civil law countries and the common law countries adjust or amend the contents of the residence right system based on the national conditions,so that the residence right can adapt to the trend of social development and is more conducive to protecting the residence rights and interests of the vulnerable groups of their citizens.For example,the examination of the qualification of residence right is worth learning from.The advanced legal system from other countries can be used by us to realize the localization development of residence right system.To study the problems in the process of legal application of the right of residence in China,it is necessary to analyze the current situation of judicial practice of the right of residence and identify problems from it.First of all,the author analyzed the types of adjudication documents,geographical distribution,types of disputes in cases,trial application procedures,judicial decision results and legal invocation,and analyzed the problems in the legal application of the right of residence.Firstly,it is difficult to identify the right of residence,and there are difficulties in judicial practice to identify the right of residence established in the form of contract and will;secondly,the incomplete registration system of the right of residence leads to deviations in the final determination of the right of residence by different judges in judicial practice;thirdly,there are limited ways to establish the right of residence,and the absence of statutory right of residence makes it difficult to identify the right of residence;fourthly,the existing laws do not clearly stipulate the effect of the right of residence and its other property rights Fifth,it is difficult to prove the right of residence,for example,the judicial authorities often dismiss the lawsuit on the grounds of insufficient evidence or no evidence to prove the right of residence.Secondly,the reasons for the above problems are analyzed from three perspectives: first,the lack of legal provisions such as the statutory right of residence makes it impossible to determine the right of residence of the parties in judicial practice based on the statutory circumstances,which makes it difficult to determine the right of residence;second,the lack of judicial interpretation makes it difficult for the judicial authorities to apply the law in the case of imperfect legal provisions.Third,the lack of trial experience makes the judiciary lack of authoritative adjudication ideas to draw on when facing legal issues related to the right of residence.Finally,based on the problems and reasons analyzed above,the author proposes the following reflections in order to make suggestions for the optimization of the right of residence system: first of all,it is imperative to improve the legal provisions of the right of residence,firstly,the guiding principles related to the right of residence should be determined to provide the exact trial direction for judicial practice,secondly,the legal right of residence should be clarified,and thirdly,the registration system of the right of residence should be improved;nextly,the trial system issues judicial interpretations of existing legal provisions,thereby unifying the standards of legal application and improving the accuracy of decisions;third,through the issuance of guiding cases on the right of residence trials,useful references should be made for adjudication ideas;fourth,reasonable use of reference application techniques should be made to build a conflict resolution mechanism between the right of residence and other property rights to improve the flexibility of legal application.