Research On Dwelling Right System

Dwelling right comes from Rome law as an ancient system, and consists of the legal system of servitudes personaum in Rome law with right of use and usufruct. As a result of Rome law, Germany, France, Italy and other civil law countries have also stipulated or established the dwelling right system and developed this right. England and the United states have similar dwelling right system in their Family Law or the divorce judicial precedents. Our country has not the rules of the dwelling right. In the year 2005,《the Right of substance Law(draft)》edited by the law work committee of National Peoples Congress, rules dwelling right system for the first time, but the Right of substance Law after the vote has not rule the dwelling right. Today, along with market economy's vigorous growth and urbanized tidal current surging, the question of dwelling right more and more attracts scholars' attention. Whether the dwelling right system stipulate or not in China is still not yet established a unified opinion.President Hu Jintao proposed the "Housing" target for "healthy low-rent housing system and speed up the process of helping the low-income urban families to solve housing difficulties" at the party congress. These declare the party and the state's determination of housing reform. In view of our country's developing urbanization and highly tense relationship on land, admitting that various forms of the use of house and to give it legal sanction should be china's legislative policy orientation. Through the investigation of the dwelling right under the different countries' background, this article will tend to analyze and illustrate the necessity and feasibility of dwelling right from various perspective and hope to push the constructing of dwelling right in China.This thesis consists of five sections.Section one:Basic theory of dwelling right system. The first part uses the method of history analysis to introduce the origin of dwelling right. Then, the writer uses the method of comparison to study the relationship between dwelling right and servitudes personaum. in Roman law. At last, it gives a definition of dwelling right and sums up the characteristics of dwelling right system.Section two:Legislative practice of foreign dwelling right system and analysis. This section uses the method of comparison to introduce the legislative framework of dwelling right system in the main civil law countries and common law countries, and clarifies each one's contents and features, which has supplied the analysis materials for the legislation of Chinese.Section three:Comment on the China's current dwelling right system. At first, it introduces china's legislative practice. Then it discusses the necessity and feasibility of the introduction. The article think dwelling right can solve the weak trend community's basic human rights safeguard problem and meet the more needs of today's society. There is no obstacle to establish dwelling right system in our country. After that, it review the dwelling right on "Property Law (Draft)"which the article think has some shortcomings and need to be perfect.Section four:Improve the dwelling right system in china. The section mainly discusses the establishment of dwelling right system. It concerns the legislative stylistic rules and layout of the dwelling right and concrete features of the dwelling right.Section five:Conclusion. As an important civil rights, the dwelling right is beneficial for protection of the rights of vulnerable groups, and adapt to the development trend of modern property law. China should set up this important right as quickly as possible.