The Empirical Study On Habitatio Of The Elderly

At present,China’s aging degree is more and more deepening,all social strata are discussing how to better protect the legitimate rights and interests of the elderly.As one of the highlights of the Civil Code of the People’s Republic of China,the habitatio system plays a positive role in protecting the residential rights and interests of the elderly.The habitatio has already appeared in judgments before it was included in the code.According to the statistics of PKULAW case database,from 2013 to 2020,a total of 2,284 judgments related to the residential rights and interests of the elderly.Due to the disunity of judgment standards,judges try to use different interpretation methods to protect the habitatio of the elderly in the reasons for the judgment.The phenomenon of different judgments in the same case cannot really protect the habitatio of the elderly.After right into the code,the above situation,are improved to a certain extent,but the residency system in judicial practice,there are some new dilemma:such as the legislative purpose of residency failed to achieve,the judge to inertia influence,damage to exist in the judicial practice,the residence of the remarried survival spouse residency is neglected.In addition,there are also loopholes in the enactment of laws,including inconsistent standards for setting the habitatio,omission of legal habitatio,and absence of punishment measures for violation of prohibitive provisions,should clear residency system function in the elderly living rights and interests,and clear violation of the prohibitive provisions in the judicial interpretation of legal consequences,it clear of the residency of the establishment of standards,by legal residency as supplement,the referee residency as exceptions,finally develop high rates of residence registration system,in order to more effectively protect the living rights and interests of the elderly,Maximize the utility of the habitatio system.