| In recent years,with the rapid development of the economy,people's living standards have gradually improved,and the purchase of houses has become the mainstream,which has also led to many problems.Combined with the current situation,in terms of the current legal information,although the draft of the civil code has the content of the right to live,clearly stipulates that the right to live belongs to the usufructuary right,but the civil code has not been published.The special subject of the identity relation in the title refers to the social vulnerable groups such as the minor,the old and the women who have the legal possession of the house and the special identity relation with the owner of the house.There are many cases about the conflict between the interests of residence and the ownership.Because the Supreme People's court does not guide the cases,many courts make different decisions on the same case,which has a great impact on the society.It is inevitable that people think that the discretion of the court is too large.In view of this situation,the paper summarizes the existing problems of the residential interest cases in detail through the methods of raising,analyzing and solving problems,and intends to offer suggestions for the settlement of the residential interest cases through the case analysis.This paper introduces how the judges deal with the cases of residential interests in real life,summarizes the main types of cases of residential interests in our country at present,in addition,introduces the focus of disputes through the cases.Finally,the author puts forward some suggestions to improve the settlement of the cases of residential interests,so that the social life can be related There are more complete and efficient ways to deal with these problems,which can effectively protect the rights of the infringed in the case of residential interests.Through the research and analysis of the literature on the level of residential interests,this paper shows its own point of view,and analyzes the existing research results,so as to understand the current research situation and existing defects of this topic,at the same time conducive to the collection and collation of information.This article also compares with the foreign country regarding the status relations under the angle of view regarding the specific main body to reside the benefit to carry on the comparison,uses for reference its advanced system,absorbs the advanced experience,attempts to achieve consummates our country in this domain system stipulation.The main purpose of this paper is to reveal the conflict between residential interests and ownership,to analyze the judgment ideas of judges in different courts,to analyze the focus of disputes,to find out the existing problems,and then to propose solutions.This paper intends to study from the following aspects: first of all,I want to list a case about the conflict between residential interests and ownership.The court of first instance gives priority to ownership,and the court of second instance gives priority to residential interests.The purpose is mainly to analyze why different courts will make inconsistent decisions in the same case,so as to point out the judgment ideas for the conflict betweenresidential interests and ownership,and then to show their own position,that is,to support the priority of residential interests over ownership,and to elaborate the reasons.This paper focuses on several applicable conditions to identify and confirm the priority of residential interests,mainly including the legality of residential interests and the rationality of priority of residential interests.In terms of the rationality of priority of residential interests,this paper expounds in many words.Finally,from the perspective of identity relationship,this paper puts forward some thoughts for improvement of the residential interests of specific subjects,and expresses in detail their own inner thoughts and opinions The expectation of the construction of the rule of law in the future. |
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