On The Construction Of Legal Residence Right

Clothing,food,shelter and transportation are the four essential factors of human life,which have attracted much attention.The problem of housing is related to the development and stability of the country.The right of residence originated in the ancient Roman era.With the development of the Renaissance,it was inherited and improved to different degrees in different countries.Today,as economic development and urbanization continue to advance,the value of houses in life is far more important than other aspects,and high housing prices make vulnerable groups face the dilemma of homeless living.At present,the people of our country frequently create the right of residence.The blank of the legislation on the right of residence has caused many problems.The Civil Code(Draft),which was issued in December 2019,provided for the intended residence right,which caused widespread debate.Scholars have different opinions on whether to establish legal residency rights in China to protect the rights and interests of disadvantaged groups.Opposing scholars mainly discuss the existing system that is sufficient to resolve residential disputes and lack the establishment of residency rights,which may lead to chaos in residential relations.Scholars who settle the right of residence mainly seek arguments based on the purpose of the right of residence to protect the living interests of disadvantaged groups,make up for theoretical gaps in judicial practice,the existing system is insufficient to resolve residential disputes,and realize the diversification of property forms.However,in order to realize the right of residence legislation,we must fully consider the complex and diverse realities of housing issues for vulnerable groups in China,and attach importance to the value-oriented role of marriage and family relations.There are two ways to establish the right of residence:legal and intended.The legal right of residence reflects the public interest that the right of residence should have,and mainly solves the housing problem of vulnerable groups.Under objective conditions,it is difficult for the disadvantaged groups to reach an agreement without equal status.Both types of residency should be involved in the establishment of the residency system and should not be biased.In contrast,the existing divorce economic assistance system in China is not enough to solve the problem of housing,the limitations of the maintenance system,the creditor's rights cannot replace the statutory residency rights,and the intended residency rights cannot fully protect the residential rights of vulnerable groups..At the same time,the legal right of residence will not conflict with the divorce economic assistance system and maintenance system in the application process,and it is feasible to establish.Under the guidance of the legislative spirit of protecting vulnerable groups as the original intention and the principle of fairness,construct a legal residency system.The scope of the subject of rights includes the elderly,surviving spouses,divorced parties,and persons with limited capacity and persons with disabilities who live together for a long time Vulnerable Groups.Clarify the coordination relationship between legal residence rights,mortgage rights,lease rights,pawn rights,and ownership.Based on the actual situation in China,legal residence rights should be established to provide a new way to solve the housing problems of disadvantaged groups.