Study On Retention Or Abolition Of The Dwelling Right In China

Dwelling right comes from Rome law, Dwelling right,the right to use and usufruct consists of the legal System of servitudes in Rome law. Roman law has deeply impaction of later states, most of them had established the system of residence. In China, as much of the impact of Roman law in civil law countries did not inherit a system of residence. Today, with the further development of the theory of human rights, the protection of vulnerable groups in our discussion of the Law of the heated controversy in the field. Nowdays, with the spring up of the market economy, urbanization of the surging flow so that the dwelling right to plant more and more issues of concern. The promulgation and implementation of the upcoming law, although Property Law ultimately did not have a record for the right place, but its future on the issue in the academic community is still going on. This article is not so shallow guess, to be on the retention or abolition of the right to explore the issue.This article is divided into five sections, outlined as follows: The first chapter is the Dwelling right system for the general theory. This chapter introduces the Dwelling right of the origin and evolution, and combing through the study of the main countries of the European system of residence, aggregate national law on the right information and characteristics of the system, abstract the general theory of Dwelling right; the second is the dispute of retention or abolition, introduces the major domestic and kept right on the point of view of waste; provisions in favor of the right of the main reasons there is help alleviate the problem of tight housing residents , will help bring into full play the functions of the family in China,the play will help to protect the interests of vulnerable groups of society,the existing system can not solve practical problems in the judicial practice, called for the establishment" of residency. The views of the main opponents have no right of residence into the existing system of property law, the interruption reasons of the Dwelling right also exists in our country , there is no social basis for the existence of the right features, law runs counter to live,Power system have not high degree of social needs, right created by high social costs. the third stage is the center of this article, Our country need to establish residency, the community to help protect the interests of vulnerable groups, the development of Property Law needs the system can make up for the right, claims of less than three Respect to our country on the need to establish residence; the fourth part of the establishment of the feasibility study, including the right to establish and overcome major obstacle, as well as the right to set up the basic framework. The right to build the institutional framework, China's system of residence should absorb the local resources, and consider the realities of our country.