Residency System Of Rational Thinking

Dwelling right of using the other's house for dwelling originates from the ancient Roman Law and is introuduced into European continent civil codes. At the same time ,many common law countries such as British, the United States and Australia make rules to protect dwelling right in decrees cases. These legislative experience on dwelling right is useful to our country. But Japanese civil code and the area of Taiwan civil code have not the system of dwell ing right. It has also not been found in the general priciples of civil law and family law. The concept of dwelling right is only found in divorce decrees from justicial practice in china. As a new kind of civil right , scholars have many different ideas on whether establish it or not in China.This article can be divided into six parts. The main parts of the article are from part 1 to part 4.In the first part, the author makes a simple introduction of the social background of dwelling right.In the scond part, the author reveals the origin and development of dwelling right from the angle of contrast law.By describing the the course of dwelling right in civil law and common law countries,the author points out the differences on the system of dwelling right and argues for that not only many scholars stick to establish but also these coutries which have not the system of dwelling right are ready to establish it.In the third part, author concerns about interpreting the characteristic and concept of dwelling right, in addition to interpreting the situation in civil system.Meanwhile,the author points out that it is not only one kind of real right but also one kind of usufructuary right of using the other's house for dwelling.There are many important differences between dwellingright and lease right and hock right. So lease right and hock right can not take the place of dwelling right. And the system of dwelling right should be subject to the adjustment of the civil law.In the fourth part, in the light of social development in China, the author analyses thenessity and feasiblity. Stressing that we had better take the opportunity when the civil is being coded, legislation on real estate is being carried on. We should take into legislation on dwelling right in china.In the fifth part, the author designs the system of Chinese dwelling right in detail and puts forward to the suggestion on legislation of dwelling right in China.Conclusion is a summary on the whole view of the hypothesis.