The Legal Defect And Improvement Of Domicile In China

Domicile is the central field of legal relations of natural persons,residence system in the modern civil law system has an important status and role,but in China has not received due attention,legislation only "the People's Republic of China General Principles of Civil Law"(hereinafter referred to as "General Principles of Civil Law")Article 25 on domicile,This legal provision establishes the basis for the registration of residence in the country on the basis of the civil registry and other valid identity documents,domicile rules based on regular residence as the standard,the law is a misunderstanding of the domicile system and regulation,in addition' to our domicile system also has other defects and deficiencies,and domicile system has an important legal significance to natural persons,on our system to study and targeted to improve the opinions of both judicial practice and theoretical research has a considerable role and significance,this is the starting point and' purpose of this paper.In discussing the shortcomings and improvements of the domicile system in our country,this article is divided into four chapters,with the first chapter presenting the theme of the article,providing an overview of the domicile system,including the definition of domicile,and sorting out the different provisions of the domicile system in civil law and common law systems.Chapter ? deals with the legal significance of domicile for natural persons,including the determination of the status of civil subjects,the determination of guardians of persons without civil capacity and persons with limited civil capacity,the determination of the place of payment of debts,the determination of the law applicable to foreign relations,the determination of jurisdiction and the place of service of judicial instruments,through which not only the validity and significance of domicile can be clarified,but also the importance and necessity of improving the domicile system in our country.Chapter ?,which is the focus of this paper,analyses and points out the shortcomings 'and deficiencies of our domicile system,including the analysis and argumentation of the rules for determining domicile on the basis of registration of residence on the basis of household registration and other valid identity documents,with regular residence as the criterion,established in article 25 of the General Civil Code;on the basis of the analysis of our special census register history,an attempt is made to distinguish between the domicile system and'the residence system,to clarify the meaning of regular residence.At the same time,it is pointed out that our country's domicile identification ignores subjective intentions,the mix of domicile types and the lack of a domicile system for subjects with specific identities.Chapter 4,on the basis of the sorting out and analysis of the problems,makes recommendations for improving the domicile system in the light of the actual situation in China,and proposes practical solutions to the problems of the domicile system in China,including improving the domicile system based on household registration and residence,introducing the presumption of subjective intent,improving the type of domicile and implementing the domicile system for subjects with a specific status.It is neither reasonable nor realistic to conclude that the current recognition of domicile should be completely divorced from the domicile system,which is based on a practical approach rather than on theoretical studies that show that the domicile system is significantly different from the domicile system.It is only possible to improve the method of identification that exists in our country,which is based on the registration of residence in the civil registry and other valid identities,using the criterion of habitual residence as the objective aspect and not on the subjective intentions of natural persons as determined by time.Introduction of the subjective intent of the natural person in the determination of domicile,with a presumption of the subjective intent of the judge,combining the statements of the parties and the facts available.Choosing to minimize and enrich each type of domicile,establishing both legal domicile and choosing domicile types,and discarding proposed domicile that do not fit into the domicile system.In the provisions of the regime of domicile for subjects with a specific status,the domicile of persons without civil capacity and persons with limited civil capacity is defined through the legal domicile,while the issue of the domicile of the wife is included in the choice of domicile.