Research On Legal Issues Of The Right Of Residence System In My Countr

On May 28,2020,with the promulgation of the Civil Code of the People’s Republic of China,the right of residence was officially incorporated into the code,which enriched the system of usufructuary rights in China and was a major progress in the field of property rights in China,strengthening the protection of the residential rights of vulnerable groups.Currently,although the residence right system has been established in China,there are only six relevant legal provisions,which appear to be weak compared to the extraterritorial legislative experience.In addition,there are certain restrictions on the subject,transferability,and income rights of the residence right,which makes it difficult to fully realize its functional value due to its inability to adapt to the development of the times.Therefore,in order to ensure the good application of the residence right system in China,it is necessary to interpret the relevant legal provisions in detail.The full text is discussed from the following four parts:The first part introduces the research background,significance,methods,and literature review of this article.The second part elaborates on the core concepts and legal nature of residence rights,and analyzes the inheritance and innovative development of the residence rights system in civil law countries through comparative research methods,in order to find a legal path to maximize the function of the residence rights system.The third part conducts an empirical study of China’s residential rights system,using the case analysis method to sort out the relevant legal documents on the Chinese Judicial Documents Network from January 1,2002 to December 31,2022.It analyzes the growth trend,causes,and areas of residential rights disputes from a macro perspective,and selects specific representative cases to summarize and summarize the focus issues and the gist of adjudication in the judicial practice of residential rights from a micro perspective,It points out the shortcomings of China’s residential rights system in terms of legal relations,the establishment of eradication methods,the connection with affordable housing,rights competition rules,and the expansion of income rights.The fourth part puts forward suggestions for the improvement of the residence right system in China,arguing that it is necessary to start with breaking the shackles of the servitude of the residence right,endowing legal persons and non legal persons with the main status of the residence right,distinguishing between the right holder and the right beneficiary,and identifying the person who lives with the residence right holder as the residence right beneficiary;Acknowledging that there are no legal obstacles to the owner’s right to reside,the right to reside can be established either in the entire residence or in a part of the residence,and the ancillary facilities of the residence should also be included in the scope of the object based on residential needs;The person with the right of residence has the right to possess,use,dispose of,and give priority to the purchase of the residence,and bears the obligation of good management and daily maintenance.In terms of the establishment of residency rights,legal residency rights should be added to compensate for the lack of protection of the residential rights and interests of vulnerable groups in the field of marriage and family;In terms of the elimination of residence rights,the author discusses the special circumstances of the death of the person with residence rights,and believes that the person with residence rights does not necessarily lead to the elimination of rights,and should be treated differently.At the same time,the elimination causes such as the loss of residence and the revocation of residence rights should be supplemented to meet the needs of complex judicial practice.Clarify the rules for competing rights between residential rights and mortgage rights,and give priority to the protection of previously established rights.This article introduces the processing ideas for the application of residential rights to public rental housing in order to improve China’s housing security system,face up to the demand for benefits and capabilities of the residential rights system in real life,and add investment residential rights to maximize the functions of the residential rights system..