Residency System Research

Housing as an important real estate is one of the necessary conditions for survival. In modern society, the value of housing more and more attention, housing has become a scarce resource for survival, but also the foundation of the party. However, the existing material conditions of the Housing Authority decided to use all the contradictions in our country under the conditions of the existing economic system, in order to achieve the maximum use of the Housing Authority, to resolve the contradiction between demand and the establishment of residency system will play an important role. Current law, all non-housing use by others, is leasing, borrowing to adjust, or not to confirm dwelling right with a similar property rights. And real life, divorced women, the elderly and minors is the problem of housing can not be avoided. Therefore, in the private system first established dwelling right of great significance. It is characterized by its decision to help solve China's current demand for housing people with the reality of contradictions, and safeguarding the interests of vulnerable groups to ensure efficient use of the wealth of our society to protect the fair distribution of resources, elimination of the legacy of the planned economy era, "the right to use public housing "drawbacks to improve our system of property for housing benefits.This paper from the introduction, body and conclusion composition. The body from "The concept of dwelling right and its main legal features", "The origin and the history development of dwelling right", "The legislative value of the dwelling right system ", "The legislative necessity and possibility of dwelling right.In the introduction, the writer makes a simple introduction of the social background of dwelling right.The first part introduces the basic theory of dwelling right, concludes its definition, main legal features and Nature. In this part, the writer analysis several different academic definition. After comparative study, the writer believes that a complete and accurate definition of dwelling right should be the main body of the object, a basis of content, in real terms. Therefore, the writer gives the definition: "Non-all because the provisions of the law or contract or agreement that ownership of the means, and the others all housing and fouling all or part of the enjoyment of the possession, use, the right to live . And the writer studies main legal feature and nature of dwelling right. That dwelling right in the nature of the system is a property right, is the use of his property interests in the property, easements system of easements.The second part inspects the values of dwelling right, including specific order value, and efficiency value, the value of freedom and justice values. It is necessary to further a thorough understanding dwelling right system, the system must be explored its value, which is the soul of dwelling right system. The value of dwelling right IS to meet the people need. Its value is not separate study. Dwelling right system with the aid of the function fully reflects the value of the order. Rome is the dwelling right in order to maintain the social order of marriage and family. It played in the civil law countries of the same functions. The effectiveness of dwelling right includes the value of economic value and the value of social benefits. Order value with the value of freedom, justice discussed the value of different perspectives. The value of justice is embodied in its legal system in the form of socio-economic, political system, the basic rights of the re-allocation adjustments, the right to own part of the housing of vulnerable groups of society to enjoy the shelter, the right to survive this a basic human rights are protected. Order value, and efficiency value, the value of freedom and justice in the value is the value system of mutual ties and infiltration and interaction.The third part uses the method of history analysis to introduce the origin and the history development of dwelling right. Dwelling right appeared in ancient Rome at the earliest stage as a right of living in the house of others, and dwelling right, usufruct and right of use are prescribed in personal servitude at the base of the system including personal servitude and easement. Then the writer uses the method of comparison to study the dwelling right system of a few representational civil law system countries, and clarifies each one' contents and features, and so on. Then the article introduces the similar systems in England and America, and compares hem with the dwelling right system of civil law system countries.The fourth Part discusses the necessity and feasibility of constructing of dwelling right. This section is the focus of this paper, including four parts. The first part on the country's scholars on China's dwelling right system should be established whether the attitude of: denial and say that. The writer said the reasons for denying put forward different views, thereby demonstrating his viewpoint: China should establish dwelling right in the system. The second part of the "Property Law (Draft)" in the provisions relating to dwelling right of the evaluation: dwelling right in the system, "Property Law (Draft)" from scratch is a major innovation, a major bright spot, but dwelling right under its provisions are still some defects can not fully meet the actual needs. Part III discusses the reasons why China's newly promulgated the "Property Law" abolished the relevant provisions of dwelling right. The fourth Part discusses the necessity and feasibility of constructing of dwelling right.The fifth part discusses the legislative content design of the dwelling right system .In the last part, the writer has discussed the necessity and feasibility of constructing of dwelling right, then the writer make a number of recommendations. In dwelling right in the legal relationship, the writer discusses its Subject, object and content. The main should be limited to specific individuals. The object of dwelling right in general is the house of others. Housing is not only the scope of including residential, also including its auxiliaries, the sharing of goods. In exceptional circumstances, the dwelling right may also set their own housing. At the same time ,the writer discusses something about dwelling right in detail.The conclusion sums up the basic points of the whole article, reiterating the writer's eager hope of establishing the dwelling right system in our country.