On The Right Of Dwelling

The integrated and normative protection on the dwelling right has not been established in China.The establishment of the dwelling right is indispensable from the points of view of the trend of the laws for property protection, the social needs, the requirement of judicatory practice and the mutual supplement and inner harmonization among the laws of property protection. Though dwelling right had been referred in the Civil Law (Draft) submitted in 2002, it is not perfect and needs to be improved further. It is an urgent job to design a system of dwelling right that is suited to the situation of China and can prevent the conflict between dwelling rights and the civil rights in future civil codes.The paper explores and hackles the orgin and evolution of the dwelling right. The paper analyses the basic intension of the dwelling right . There are many intercommunities in many countries'laws about the dwelling right . A lot of scholars do not know the basic intension of the dwelling right. There are many misunderstandings in their opinions about the dwelling right.The paper tries its best to clear the misunderstandings and puts forward its own opinions.The paper discusses the necessary of the dwelling right by the method of economics and sociology.The paper discusses the practice of dwelling right from the angle of practice,the law relating to rights over things development thread and cost. The paper puts forward its own opinions about the law of property protection about the dwelling right.The dwelling right ,which comes from roman law, has a long history in European countries. Facing to the dwelling right, we must have our own thoughts and choice. It is quite important to clean the basic intension and function of the dwelling right before we decide to plant it.