Study On The System Of Residency

From ancient times, the housing has always been concerned about by most people, which is also themost closely related to us. Early in the Han HuoShi biographies there were a well-known saying that liveand work in peace and contentment. The great poet Du Fu of the tang dynasty also said “How can I getthousands of houses for all those who are suffering from coldness to live in happily?” Home ownershipscheme is the basic functionality of a country. In the17th and18th National Congress of the CommunistParty of China, comrade Hu Jintao said that to strengthen the social construction, we should do with anemphasis on ensuring and improving people’s livelihood. At present, soaring housing prices has become awell-known hot topic，having a house of his own is a distant dream for many people. As the level of China’seconomic is not fully developed, the social security system is not perfect, spawned by the high prices of thebuilding, possession of the house has compromised as the demand for housing residency. How to protectthe basic living rights of vulnerable groups, how to achieve effective use of housing and how to balance theinterests of the relationship between housing ownership and residency has become a political issue,livelihood issue and legal issue that can not be ignored. The role of the residency is increasingly revealed.Residency originated from Roman marriage and family relations, and is closely related to propertyinheritance system. It is originally designed for life safeguard system. As a part of the people easements itmainly play a role of rescuing and raising. In modern, residency is not limited to the protection of people’sbasic survival issues but to achieving the best use of objects. It can not only effectively reconciling theinterests between the parties in the housing problem, maintaining order houses in residential use, but alsomaking a contribution to the usufructuary as a whole perfection of the property rights system.Housing difficulty is not only a problem faced by China, but also a worldwide problem. Since theRoman law, many countries in the world have defined residency system in order to protect the citizen’sbasic rights. Germany, France, Switzerland, Italy and other countries recognized residency as a independentusufructuary right. And in the United Kingdom, the United States also admit the existence of residency indivorce judgment. These have a great reference to design our residency system.Residency system was first proposed in the Exposure Draft of Property Law, after that, residencyquestion has received widespread attention and controversy,"Negativism" advocated the creation of residency is inconsistent with the actual situation in China, so it is not necessary to achieve the purpose ofprotecting specific residency rights through the establishment of the residency system. And the opposite sitemaintained great necessity to establish residency system in our country. The fourth consideration of the2005Property Law (Draft) made detailed provisions issued on residency, but our current "Property Law"did not establish residency system. What a big pity!China’s residency legislation can draw the mature experience of foreign legislative, combine withChina’s specific national conditions and judicial practice experience as well as specific measures ofmarriage and family law, keep up with the trend of the international civil legislation and the marriage andfamily legislation. In the mode of setting, we should fully respect the autonomy of the parties. But in orderto protect people who lives together or has support relations with the owner of the house, we should also setresidency obtained by law. In regard to rights and obligations of residency, we can make some basic rulesaccording to the reality of development needs, otherwise, referring to provisions of usufructuary.In short, as the growing high prices of the house as well as the ever-increasing demand for housing,if we want to maintain the most basic and important rights of people and achieve the greatest degree ofliving as well as make the construction of a harmonious socialist society, residency setting is the trend ofsocial development and the times.