Research On The Legal Application Of The Provisions On The Right Of Residence In The Civil Code In Protecting The Rights And Interests Of The Elderl

China’s population has gradually entered the aging stage,followed by the relevant security problems of the elderly.Looking at the residency rights cases in China since the promulgation of the Civil Code for more than a year,the elderly are often easily caught up in residency disputes,and the residency rights of the elderly are often easily eroded.However,due to the ambiguity of legal provisions and the lag of the supporting registration system,the standards of judicial adjudication are different.Therefore,it is urgent to solve the practical problem of the right of residence of the elderly.Cases of the right of residence of the elderly in judicial adjudication often show the characteristics of the pursuit of the protection of vulnerable groups,the citation of laws such as the Law on the Protection of the Rights and Interests of the Elderly,and the promotion of independence and self-reliance,civilization and harmony in the family atmosphere.The dilemma of the right of residence of the elderly involves the lagging registration system of the real estate in the case of the right of residence of the elderly,the difficulty of guaranteeing the right of residence of the surviving spouse,and the establishment of the right of residence according to the court’s decision.After in-depth exploration of the causes of these problems,it is found that the lack of legal residency rights,the existence of problems in the validity of registration,and the flaws in the connection between the property rights part and the inheritance part and the marriage and family part are the reasons for the above dilemmas.Foreign legislation can provide solutions for the protection of the right of residence of the elderly in China,and foreign legislation such as the legal right of residence of the surviving spouse,the coordination of the right of residence with other parts of the code can be used as a reference for China.Based on the above analysis,this paper finally proposes to improve the right of residence system in the protection of the rights and interests of the elderly.The right of residence of the elderly should be coordinated with the marriage and family part and the inheritance part,and a residence right system based on the property law should be established,supplemented by laws such as the marriage and family part,the inheritance part and the law on the protection of the rights and interests of the elderly,and at the same time clarify the establishment methods and diversified registration forms that combine statutory and intentional laws.