Study On The Right Of Residence In Rural Housing

The new right to housing system in the Civil Code is the call of the people and the need of the times.It implements the housing requirements of the 19 th Party Congress Report of "accelerating the supply of multiple subjects and guaranteeing multiple channels,so that all people can have a dwelling" and promotes the goal of "improving people’s well-being and quality of life" as stated in the 20 th Congress Report.At present,a large number of residential bases and houses in rural areas in China are left unused,and it is of great practical significance to set up the right to live in rural houses.It can not only revitalize a large number of "dormant assets" in rural areas,but also solve the housing problems of the disadvantaged groups in rural areas,and provide a solution for the reform of "three rights of separation" of residential bases.On the basis of conforming to the existing laws,promoting rural revitalization and meeting diversified judicial needs,the right of residence system should be applied to rural houses.Unlike the right of residence set up in urban residential buildings,the right of residence set up in rural residential buildings will inevitably involve residential bases,and the identity,gratuitousness and security characteristics of residential bases increase the difficulty of applying the right of residence system in rural residential buildings.In addition,the current Civil Code only provides for the right of residence six articles,abstract and general,it is difficult to meet the adjustment needs of setting the right of residence in rural residential.Based on this,the following problems exist in setting the right of residence in rural houses: first,in terms of subject matter,it is unclear whether the subject of the right of residence includes legal persons and unincorporated persons,it is unclear whether the right of residence can be set up for houses acquired by non-members based on inheritance,and it is unreasonable to restrict non-members of the collective to become the subject of the right of residence.Third,in terms of registration,the responsibility of registration of the owner of the right of residence established by contract is unclear,the effectiveness of registration of the right of residence established by will is unclear,and the basis of registration of the right of residence is missing;fourth,in terms of expropriation compensation,the status of the object of expropriation compensation of the right of residence is uncertain,and the standard of expropriation compensation of the right of residence is not uniform.In view of the problems of setting up the right of residence on rural houses,this article makes the following proposals for improvement:legal persons and unincorporated organizations have the right to become the creators of the right of residence;non-collective members who acquire houses by inheritance have the right to establish the right of residence;non-collective members should not be restricted to become the creators of the right of residence;the standard of "meeting the needs of living and living" should be used to The scope of the appurtenant facilities is judged,the part of the residence does not violate the principle of legal rights in property,and the rules of the status of the residence are clarified;the occupant of the right of residence established by contract has an unreal obligation to assist,the registration of the right of residence established by will has an antagonistic effect,special provisions are set to clarify the subject of the obligation to register,and the missing basis of registration is compensated;the status of the object of expropriation compensation of the right of residence is clarified,and a unified expropriation The government should clarify the status of the object of expropriation and compensation of the right of residence and establish a unified standard of expropriation and compensation.