Residency System Research

Dwelling right comes from Rome law, and consists of the legalsystem of servitudes personaum in Rome law with usus and usufruct.The Rome law has a deep effect on latter countries. As a result of thiseffect, most of these countries has stipulated or established the dwellingright system, but not including China. Along with the furtherdevelopment of human rights theory, the discussion on related weaktrend community's protection in our legal science domain disputesactivity. Today, along with market economy's vigorous growth andurbanized tidal current surging, the question of dwelling right more andmore attracts attention. The remove or retain of it is still debatedunceasingly in the academic circles.This thesis, calculated 30000 words, consists of five sections.Section one introduces the general conditions of habitation. Firstly,it gives a definition of dwelling right and suggests that its essentialattribute should be explained from the legal angle. Secondly, it inspectsthe historic evolution of habitation. Dwelling right comes from Romelaw and is inherited by other countries. Through the analysis of thedwelling right stipulated in Roman law as well as the civil law of France,Germany, Switzerland and England, this thesis has carried on the briefdiscussion to the origin of habitation.Section Two studies the dwelling right from a multi-angle view——taking the edge discipline as the basis. The thesis analyses thedwelling right from the psychology, the economic, sociological as wellas ethics angle.Section Three is on the reason why should our country introducethe habitation. At first, it discusses the necessity of the introduce,including solving the weak trend community's basic human rightssafeguard problem, alleviating the current, oversized housing pressureand solving judicature practice related difficult problems. Secondly, itdiscusses the feasibility of the introduction, including its compatibility with "Marriage Law of the People's Republic of China" and "Seniorcitizen Rights and interests Protection method". Finally it has carried onthe response to some opposition to the introduction of dwelling right.Section Four is some self-criticism to the dwelling right in "RealRight law (Draft). The thesis considers that it has many insufficiencies,such as the absence of dwelling right in law, the narrowness of thesubject of legal relationship, the defect of register system of dwellingright and the comprehensiveness of the reason to the elimination.The last section discusses the establishment of dwelling right. Atfirst, it carries on the legislation value evaluation to the dwelling rightand suggests that it should incarnate the value of safety, benefit, freedomand order. Secondly, while setting up the frame of dwelling right inChina, our country's dwelling right system should absorb the nativeplace resources by considering our country's realistic situation. Thethesis divides the forms of dwelling right into two. One is stipulated inReal Right Law, the other is the one agreed by interested parties. Theyare different in aims, origins, contents and the reasons of elimination.The differences should be embodied while formulating the dwellingright.