Study On Legal Problems Of Residence

Right of residence system in China "Property Law" went through the drafting process without the twists and turns from there to the process, the final adoption of the "Property Law " was abandoned. In the "Property Law" making process, theorists were active in exploration, And formed a discussion of the boom, With "Property Law" in the dust settles, the academic focus of the residency system has gradually become cold.However, from a range of social news and judicial practice, Residency problem is still frequently appears in the media and the courts decisions. Tenure system to continue the discussion and concern still has practical significance.In China's property law-making process, Tenure system is set to a heated debate Prior to the draft property law in the draft, it dedicates a chapter to the provisions of the agreed tenure system. However, the draft property law draft agreement residence was provided only in respect. Even if passed, The solution required the parties recognized marriage and family relations based on the case, the meaning of residence is limited to residence of the property for the type of legislative confirmation. This is an important reason of the end the system is not be absorbed by "property law" .In the short term, to make the residency system into the "property law" is almost impossible, To discuss the residency issue now, more inclined to question the reality in the face of how we are more comprehensive and in-depth perspective to analyze the problem, Order to solve practical problems and for the future to make some efforts to introduce residency system. This article was thought of by clicking:Habitation from the Roman law, and inherited and developed by Germany, France , the United States and other European countries. Today, the residence system between the United States ,Europe and Roman has been a greater difference. A closer look at what we can see that the previous residence system is basically a system based on micro-level design. If we are to study the residence from a macro perspective is not difficult to find that Issue of residency has been accompanied by reform of housing policy on such an important social background. Period to the two-track system from the old system and now the money during the period of reform,Housing policy reform with many problems, Has risen to institutional issues. Microscopic Residence can be protected talk about the realization of housing rights. Therefore, the system will rise to legal residence is necessary under the reality is inevitable.The other hand, the theoretical research in China, Theoretical study on the residence once in a relatively empty state, emphasis on the legal theory of the debate, Entangled in the "residence" concept is bound to be difficult to introduce residency system of law. The lack of legal practice are bound to find the practical value can not Habitation. The main problem in theoretical research in these areas: lack of practical guidance; Wrong theory and judicial practice; grasp the theory of interest groups are biased.So Residence can also help solve the problem, narrow the gap between theory and judicial practice the distance, more research practical issuesOn the Background of the residency issue, Problem analysis, Judicial practice and Theoretical Research, I filed a judicial, legislative and theoretical research on the views and recommendations. To the problem of residency to get some improvement.