Research On The Residence Right System In China

The Civil Code of the People’s Republic of China was adopted by Thirteenth National People’s Congress Third Session on May 28,2020,and is hereinafter referred to as the Civil Code.To meet the social needs of housing,the Civil Code regards the right of residence as a new legal system with a special chapter.This new system of residence has great application value in our legal system.This thesis is divided into five chapters,which systematically and comprehensively study the residence right system in China,respectively for the introduction,the overview of the residence right,the legislative status and existing problems of the residence right system in China,the overseas investigation of the residence right system,and the suggestions on improving Chinese residential right system.The five parts are connected with each other and progressive layer by layer,in order to be helpful to the further improvement and development of the residence right.Firstly,it introduces the background and meaning of this paper,domestic and foreign study present situation,study methodology and innovative point.The second part is an overview of the right of residence.First of all,this article gives a brief overview of the origin,development,concept and characteristics of residence right.Secondly,it analyzes the property of residence right.The property of human servitude is determined from the beginning of the establishment of residence right.However,the essence of residence right is the use of housing in various ways on the basis of the separation of property and usage.The nature of the right to reside must be understood,separate it from the servitude of human beings,emphasis on the use of it,and alter the function of the right of residence from protecting the interests of certain people to meeting the needs of diversified forms of housing use in today’s society.On this basis,Analysis is made on the creation and removal of the right to reside.In the third part,the author analyzes the legislative situation and the existing problems of the residence right system.Firstly,the existing residential regime forbids the transfer and succession of the right to stay,which leads to the limitation of the right to stay in society.Residential right has both social safety and investment functions.But the present rules neglect investment housing.Second,the sequence of residence rights and other rights is not clear.Third,the stipulation about the property’s rights and duties is unclear,which may harm the property owner’s legal rights.Fourth,the scope of the object of the right of residence is too narrow.Finally,the establishment of the legal residence right is not perfect at present.For the legal residence right,which can protect the interests of vulnerable groups,there is no relevant regulation,it should be added to the system of Chinese residence rights.At the same time,improve the means of establishment,namely contract and will.The fourth part is the investigation of the system of expatriate residence.Based on the author’s understanding of the legislative status quo of the residence right system in the civil law countries and the common law countries,on this basis,combined with the relevant experience,it can provide reference for the legislation of the residence right in our country,so as to better realize the legislative purpose of the residence right.The fifth part is to put forward the author’s own suggestions on the perfection of the residence right system in the Civil Code.Combined with the third chapter,the problems existing in our current residence right system.This chapter systematically and comprehensively improves the residence right system of the Civil Code in such aspects as perfecting and extention of residential right,clarifying the sequence of the residence right and other rights,clarifying the rights and obligations of the residence right and the owner,redefining the object scope of the residence right,perfecting the establishment method and procedure of the residence right system,and increasing the elimination method of the residence right.One of the bright spots in Chinese Civil Code is that it reflects the active reaction to society.It is a landmark move to add a residence right system in our country.It is hoped that through the research of this thesis,some helpful suggestions can be made to improve the residence right system in our country.