Research On The Functional Orientation Of The Residence Right In The Civil Code

The right of residence refers to the right of non-owners to live in another person’s house.Residence system originated from Rome law,is under the special historical conditions to protect the interests of the disadvantaged living marriage and family.On the basis of inheriting Roman law,the civil law countries have adjusted the norms of residence to social development.But the residence system has been interrupted in eastern countries including China because of the so-called "different habits".But in China’s judicial practice,there has been no shortage of the right of residence.In order to meet the practical needs,The Property Title of the Civil Code,which was adopted at the third session of the 13 th National People’s Congress,redefinition the right of residence system stipulated in the draft deleted when the Property Law was promulgated in 2007,which is a major innovation in legislation.The creation of this new usufructuary right not only fills the gap of China’s usufructuary right only land but no housing as the subject matter,improves China’s usufructuary right system,but also is conducive to the protection of residential interests through multiple channels and the realization of "housing".However,at the beginning of the establishment of this new system,there are only six provisions,and the norms are more principled and general,and there is still a long way to go for its improvement.At present,the academic circle is constantly improving on the basis of explanatory theory.This paper will take the functional orientation of the right of residence as a starting point,First,the basic theory of the right of residence function is summarized,from the analysis of the legal norms,judicial practice and academic disputes,the functional orientation of the right of residence in China is fuzzy,after the necessity of clear functional positioning of the right of residence and the in-depth analysis of how to locate the right of residence in China,Considering that the functional orientation of single residence cannot give full play to the value of residence,We have to be both but with some emphasis,weaken the right of social residence,focus on consumer and investment housing rights,and then with a large space to fully demonstrate the rationality of the proposed functional positioning,finally,on this basis,the design of residence system in China.