On The Characterization Of The Right Of Residence In Judicial Practice

The case from judicial practice reflects that due to the lack of the resident right system making the decisions of the court face many difficulties.The courts try to balance the interests of the owners from the living people to deal with housing rights disputes,but there is no clear legal basis to the judgment,so the final results will often cause great controversies.From the legal theories,the right of habitation is generally considered as real right,which has the characteristics of personal specificity and gratuitous.Right of residence originated in Ancient Rome in the marriage and family relations,originally used as living security system design,later inherited by France and Germany as the representative of the continental law system,and gradually improve and perfect,so that it can adapt to the development of modern society.The relevant provisions of the civil law countries,common law countries in residence has also made the development of a more refined and full,two schools of traditional residence breakthrough,makes the dwelling right system has a more extensive social function,and can better protect the interests of many aspects,so that the dwelling right system better for the contemporary society,can also be more into the judicial practice.The right of residence in our country should be considered from the actual problems in the real life,and the effective legal system should be adopted to protect the living groups.The legislation of the right to live can not only play a good role in education demonstration,but also get good social effects.The establishment of the right of residence at the legislative level is conducive to maintaining the perfection of the legal system of real right,and also conducive to maintaining the harmony of the whole society.The establishment of residence right system in our country,should be combined with judicial practice China,and use the Western mature legislative experience,using the compromise model,namely the dwelling right is a real right in the form of judicialinterpretation that.Lawmakers should be based on the practical needs of our dwelling right of existence,and combined with related China characteristics investigation of the dwelling right system,completely on this basis to design a set of effective legal system.The article concluded that the dwelling right system the establishment of the present development of the China is nothing,as legal practitioners hope the legislature to reconsider the reality of the situation,the early introduction of the relevant legal system of right of habitation with Chinese conditions.