Analysis Of China’s Residence Right System

The promulgation of the Civil Code of the People’s Republic of China is of epoch-making significance.The incorporation of the right of residence into the code has made the system of usufructuary rights in China increasingly prosperous with the development of society,meeting people’s increasingly diverse needs for the use of property.The right of abode began as a custom of the Romans,and gradually rose to a social system with the development of economic society.The right of residence refers to the right of the obligee to use the house of others in order to meet their own living and living needs.Its initial purpose of establishment was mainly to solve the residential problems of family members.However,with the application of the residence right system in practice,some shortcomings in the establishment content have been highlighted.This article focuses on analyzing the problems in the practical application of the residence right system in China,revealing the areas where the construction of rights in the residence right system in the Civil Code needs to be improved,and proposing corresponding improvement strategies to help the residence right system in China exert maximum social benefits.This article includes four parts: The first part is the basic theory of residential rights.Firstly,it analyzes the historical origin and development of residential rights,with a view to exploring some regular things that can be used for reference from the emergence and development trajectory of the system.The second part is an analysis of the current situation of the development of the residence right system in China and its shortcomings in judicial practice.Firstly,it introduces the current situation of the development of residential rights in China,and then,through a summary of 2022 cases related to residential rights disputes in Anhui Province,it introduces the shortcomings of China’s residential rights system in judicial practice,such as unclear scope of subject and object,single method of establishment,single method of loss,lack of provisions for the settlement mechanism of conflicts between residential rights and other rights,and unclear rights and obligations of residents,as well as relief methods.The third part mainly refers to the unique provisions of some foreign residency systems.Firstly,by distinguishing the residency provisions of civil law countries and common law countries,we identify four countries:,and summarize the experience that our country should learn from the analysis of other countries’ national.Through the reflection on the inadequacies of Chapter II and the borrowing of foreign systems in Chapter III,it is proposed that China should provide constructive suggestions on the scope of the subject and object of residence rights,the way of establishment,rights and obligations,the resolution mechanism of conflicts with other rights,the reasons for the elimination of residence rights,and the improvement of remedies for residence rights in China.