Construction Of China's Residency System

At the moment when the compilation of the various codes of the Civil Code is carried out,this paper has carried out theoretical research and legislative design on the residence right system,one of the hot topics in the compilation of property rights.This paper is divided into four parts,including the historical evolution and concept definition of the residency system,the structure and change of the legal relationship of the right to reside,the necessity and feasibility of establishing the residency system,and the legislative proposals for constructing the residency system in China.The ideas are based on the order in which questions are asked,analyzed,and resolved.The first part summarizes and analyzes the historical evolution and concept definition of the residency system.The system of residency rights originated in Roman law and has been developed and developed for the civil law of most civil law countries.The German residency system is the most complete and forward-looking,that is,not only the traditional social residence is stipulated in the Civil Code.The right also provides for investment residency in a single civil law.Although there is no concept of residency in common law law,there is a similar institutional design.As early as when the "Property Law" was compiled,China began to discuss the establishment of the right to residency system,and the section on the right to residency system appeared in the draft for comments.However,at that time,considering that China's usufructuary system was not perfect,it established residence.The social conditions of the power system are not mature enough,and the property law that was finally promulgated and implemented did not include it.However,with the deepening of the discussion on the right to residency system in the theoretical circle,China has also developed the investment residence right in theory based on the development model of multinational social residence rights.At the same time,in the judicial practice,the words "residence rights" and "residence use" are applied in a large number of legal documents.So far,China's theoretical research and judicial practice of the residency system have entered a new stage,and initially have the realistic conditions for establishing a residency system.And in the latest draft of the draft Civil Code,a special chapter was set up to stipulate the right to residency system.On the basis of combing the history and development of the right to reside,further demonstrate the concept,legal nature and characteristics of the residency system.The second part discusses the necessity and feasibility of establishing the residency system in China on the basis of summarizing the system of comparative law.The necessity mainly introduces the problems in the reality that other systems in China cannot solve or solve the problem and need to establish the residency system to solve the problem and the right to residency system,and explain the advantages of the residency system to solve these problems.Based on the legislation and practical experience of other countries or regions,the feasibility part combines the social reality conditions and the habits of judicial practice to discuss the conditions that China has established to establish a residency system.The third part discusses the structure and changes of the legal relationship of residency.Firstly,it discusses the structure of the legal relationship of residence rights—subject,object and content.According to the nature and characteristics of the right of residence,it analyzes the limitation of rights according to the purpose of establishment of the system.Secondly,it further discusses the acquisition and elimination of residency rights,and discusses the ways and elements of its acquisition and elimination according to different types of residence rights.In the fourth part,in the legislative proposal to construct China's residency system,a total of nine articles are designed,which respectively define the right to reside,the subject of rights,the object of rights,the obligations of the right holders,the obligations of the owners of the houses,and the acquisition of the right to reside.The three elements of the legal relationship,such as the eradication,the right to reside,and other regulations,are regulated.This paper believes that the residency system has its established value in China.Now the necessary conditions and theoretical and practical foundations for establishing the right to reside have matured.It should be established in the Civil Code's property rights,in response to the questions raised by the judicial system,and further Improve China's property law system.