| In the national code of the people’s Republic of China,which was implemented in 2021,there is a bright change.The civil code adds a right of residence in usufruct.The right to live,including the right to possession and use,does not include income,cannot be leased or transferred.The system of residence right is actually traced back to the human servitude in Roman law.There is a certain difference between the right to lease and the right to lease.The system of residence right is faced with several legislative disputes abandoned and then re incorporated into the civil code,which reflects certain legal value.In the current era of advocating living and living,the right to live can protect the rights and interests of divorced women,the elderly and the agricultural transfer population,on the one hand,it can make the form of residential housing more diversified,and it is conducive to the optimization and perfection of the domestic housing security system,on the other hand,it can also make the will of the owner more fully reflected,and can make the current property right law too excessive The problem of ossification has been relieved to some extent.But there are still some problems,such as the registration mode of residence right,the obligation of the right holder has not been clear,the scope of the main body of the right of residence is not clear,the reasons for the registration of the right of residence and the time limit of the right of residence exist.In the real estate transaction,it is facing the relevant specific difficulties,such as how to distinguish the houses with residential right in the mortgage and auction of the house and how to influence the transaction market;the separation of the right of residence and ownership,the value income brought by the house itself,such as the interest of school district and settlement belongs to the resident or the owner;the future property tax payer has not yet made clear And the problems of how to perfect the enforcement difficulty caused by the loopholes of the old Lailai’s residence right system are urgently to be solved.The regulation of the right to live system in the compilation of civil law code provides important legal support for the vulnerable groups,which is conducive to maintaining the stability of society,alleviating the unhealthy market and housing tension caused by the current high house prices,and is conducive to fully guaranteeing the people’s livelihood and promoting the well-being of the people.However,a new system applauds it and also needs to clearly see the potential problems behind it.It should give full play to the role of residential right and improve it day by day,and not be limited by the restrictions brought by its system framework.The suggestions for perfecting the specific rules of the residential right system include extending the subject of the right of residence to the legal person,changing the registration validity doctrine to the registration antagonism,listing the abuse of the right as the reason for the elimination of the right of residence and establishing the right of residence separately for different parts of the residence.For this system which has been controversial,we should hold the spirit of prudence and criticism,and constantly explore the needs of perfection.After all,the birth of a new system will inevitably have an unfit situation.We should also promote a system in a better and far-reaching direction with the attitude of acceptance and criticism. |
