The Research Of Dwelling Right

The dwelling right, in short, is to live in the house of other people in the nature of property rights. The fundamental value of the dwelling right is to protect living interests of the vulnerable groups. With the progress of society, the dwelling right also derived its unique economic value, to become one of various ways of using of property. In the process of establishing the Property Law of the People’s Republic of China, the dwelling right system already incorporated into the draft, but eventually deleted it accidentally. The lack of the dwelling right system is indeed a major drawback of the Property Law legislation of our country. Because of its relief value and investment value, the dwelling right has strong practical significance in Chinese society. Therefore, it should be clearly stipulated in the process of drafting the Civil Code in the future.There are five chapters in the paper which is divided into three levels.:The first level is analyzing the concept of the dwelling right which is mainly discussed in the first chapter. Dwelling right is a loaded legal concept which has different meanings in different departments of law. In the context of Human rights, it is one of the basic human rights, People have the right of freedom to choose residential locations and sites, and meanwhile they have the right of maintaining the basic living conditions. In the context of social security, corresponding to government responsibility, it is a comprehensive right including home ownership, lease right, using right, dwelling right and so on. Nevertheless, in the context of the property law, it is a jus in re aliena. In the sight of the essence of rights, the above three have the same legal value in satisfying human beings’ living needs. On the other hand, this chapter criticizes for the phenomenon of abusing the dwelling right at present academic circles. Jurisprudence is a science that attaches great importance to the concept of rigor and normative. But because of the vacancy and indifference of the dwelling right system in China for a long period, its concepts are confused and abused by the civil law field. The dwelling right of the divorced women, the aged and the statutory do not belong to the dwelling right in civil law. However, the dwelling right system can achieve the objectives, which the above “pseudo dwelling right” is seeking to.The second level is analyzing the question whether we need the dwelling right which is mainly discussed in the second and the third chapter. The fundamental value of dwelling right is to protect the living interests of vulnerable groups. After thousands of years of development, the dwelling right system has been not static, furthermore, its functional value also expands to meet the needs of public investment and becomes one of various ways of using of public properties. Dwelling righ has a strong practical significance to the today’s China. Building cost subsidy and the right type of hotel is the typical representative of the investment dwelling right. The dwelling right system can integrate into the existing law system in our country. Although the property law in our country is not addressed for personal servitude and civil law in tradition also seldom involves it, this does not prevent the dwelling right system rooted in the property law in China. And the role of the dwelling right system is unique and cannot be replaced by other existing systems.The third level is analyzing the question what kind of the dwelling right we need which is mainly discussed in the last chapter. It is required that we create the dwelling right system which is in line with the situation of China, independent and complete under the opportunity of restarting compiling the civil law.