Study On Legislation Of Residence Right

China has not yet established the system of the right of habitation,so the research on the system of the right to live is still in the academic stage.In China,the housing problems caused by pension and divorce are widespread in the society,and there are also a large number of judicial cases about "right to live" in judicial practice.Recently,with the deepening of the civil code compilation,the second instance deliberation draft of the real right draft of the civil code published by the people's Congress net stipulates the right of residence as a newly created type of usufruct in Chapter 14 of the real right draft,and the relevant issues on the system of the right of residence can be described as a new debate,so the discussion and exploration of the system of the right of residence is of great practical significance.First of all,this paper combs the basic theory of the right to live.The system of the right to live originated from Roman law.The original intention of legislation is to protect the right to live of vulnerable groups and realize the function of social support.As for the nature of the right of residence,it is not only the traditional right of residence,but also the right of residence in the draft of civil code.It has a strong color of human servitude,which is reflected by its free and non transferable characteristics.Secondly,it is necessary to make clear the system of the right of residence,which can not only effectively protect the housing interests of the vulnerable groups in social life,help to implement the national housing security system policy,provide clear legal support for the application of the right of residence in judicial practice,but also diversify people's use of the house and realize the economic value of the right of residence.Then on the basis of affirming the value of the system of the right of residence,the author further discusses the relevant issues of the system of the right of residence in combination with the draft of the real right of the current civil code in China,and analyzes them in combination with the experience of the legislation outside the country.China should establish the system of residence right,but this does not mean that China should accept the traditional system of residence right completely.With the development and change of social needs and the continuous adjustment of policies and regulations,the traditional residential right has been unable to meet the real needs of contemporary society.In this regard,the foreign legislation on the basis of the traditional right of residence system has been innovated to meet the practical needs.For example,although the right of residence in the German civil code can not be transferred,Germany has stipulated the long-term right of residence to meet the relevant needs.Therefore,in combination with the open and diversified development of China's modern national conditions,we can carry out innovative legislation on the traditional right of residence system,classify the right of residence into legal right of residence and voluntary right of residence,and divide the right of residence into social right of residence and investment right of residence according to different values and system functions,so that it can not only realize the social supporting function of family ethics,but also be full of it To meet the demand of housing income and realize the economic value of housing right.Based on this,the author hopes to put forward feasible suggestions for the system of the right of residence in the draft civil code.In terms of the way of setting up the right of residence,we should increase the way of setting up the right of residence in accordance with the law;in view of the free and non transferable problems of the right of residence,we can classify the right of residence,and the investment right of residence can break through the servitude nature of the traditional right of residence to meet the actual needs;the draft is not clear about the way of losing the right of residence,which can be combined with the property law and relevant provisions It should be improved.