Residency System Research

The dwelling right system was originated from the ancient Rome, inherited and developed by France and Germany in their civil code. In the course of the Western law spreading to the Orient, Japan, on behalf of other eastern Asian countries has abandoned it. The alteration of the dwelling right system has been influenced by many factors like society, economics, politics, culture, history and tradition, etc. at a particular time and in a particular country. The direct motivation of this course, however, is the concept of law value and value orientation rooted in a particular time and a particular country. It directly determines the varied attitudes held by different countries towards dwelling right system as well as the varied manifestation modes of legal regulations of the dwelling right. In a sense, the history of the evolution of dwelling right system is the history of the change of law value.The dwelling right system in the sense of modern law, which has cast off the pursuit for the single order value in Roman times has formed the tendency of the concerted appeal for the multi-value of freedom, order, efficiency and justice. Consequently, the humane spirit which was only shown as sense in form in the age of Roman law has been reflected in the modern dwelling right system and strengthened therefore, its glamour and vitality. This is probably one of the reasons why the dwelling right system is able to break away from the traditional binding structure system to enter the vision of the Chinese law makers and jurists alone. And to seek for the theoretical support for transplanting the dwelling right system to China is the major theme of the current thesis.The current thesis comprises of three parts, preface, main body and conclusion, among which the main body is divided into four chapters.The first Chapter is to lay the foundation for the following exposition. It will mainly introduce the origin and evolution of the dwelling right system, and bring in the basic concept and characteristics of the dwelling right system through the vertical exploration, combing and summarizing the information and feature of the system concerning the dwelling right in every country. A thought-provoking question will therefore be raised on its basis, that is, why the dwelling right system had been continued and developed in the long history of 2000 years, from which it will lead to the succeeding demonstration.The second Chapter is to make a deep-leveled exploration of the question raised in the first. It mainly aims to reveal the various elements influencing the evolution of the dwelling right, and reaches the conclusion that the alteration of the dwelling right system is the result of the historically joined forces including economics, politics, culture, thoughts, tradition, etc. at different ages and countries. Another question will be raised according to Engle's theory of Historical Joined Forces, i.e., what is the immediate element to propel the development of the dwelling right system concealed behind its alteration? The conclusion arrived at accordingly is that the value evaluation of legislators and the different law value of the dwelling right system itself are the immediate motive powers for the evolution of the dwelling right system.The third Chapter is to make the relatively objective comment on the dwelling right system from the contemporary perspective, to reveal its intrinsic law value, the contemporary meaning and some corrupt practices, to put forward the supposed value construction of the contemporary dwelling right system in connection with the characteristics of the present time, hence to lay the theoretical foundation for the succeeding law transplant concerning the dwelling right system.The fourth Chapter is the focal and fundamental point of the present thesis, with its major objective of searching for the theoretical support for the necessity and feasibility of expounding the dwelling right system transplant to our country and thus to reveal the realistic meaning of the research on the present subject.The conclusion that the author reaches on the subject research is that the dwelling right system should be introduced into the substance right legislation in today's China who advocates humanity and harmony and make it native in combination with the characteristics in our country, in order that it may exert the traditional function and exhibit its features of the new age simultaneously.