Study On Character Of The Right To Habitation On The Houses Of Public Ownership And The Scope Of Cohabitation Persons

The public ownership housing system in China was established in the Planned Economy Time, which was a welfare-oriented distribution system. However, as the development of Socialist Market Economy and the Revolution in Housing System, there is a huge clash between the regulations on public ownership housing system and the present property law. In order to settle the clash, two major problems should be resolved——to clear the character of the right to habitation on the houses of public ownership and to make sure the scope of cohabitation persons.In the first part of this dissertation, the author gave a general overview of the establishment and function of the public ownership housing system, the types of the houses of public ownership still existing, and the typical lawsuits in this area.In the second part, the author developed a study on character of the right to habitation on the houses of public ownership and the scope of cohabitation persons. Firstly, a clue of the legislation intension has been found in the analysis of the regulations in this area from 1991 till now. Secondly, a conclusion has been reached that the right to habitation on the houses of public ownership actually was an unnamed real right for usufruct. Thirdly, after comparing the rights of the nominal lessee and the cohabitation persons, the scope of cohabitation persons has been cleared. The cohabitation persons shared the right to habitation on the houses of public ownership with the nominal lessee.In the last part, some advices have been given on the judgment of removing lawsuits, divorce lawsuits and heritage lawsuits the houses of public ownership involved.