Research On Legislation Of Legal Right Of Residence

The system of the right of habitation originated from ancient Rome,is an ancient system of personal servitude,its essence refers to the possession and use of other people's houses and their ancillary facilities.According to the way of setting up,it can be divided into the right of permanent residence and the right of legal residence,in which the fundamental purpose of setting up the right of legal residence is to protect the rights and interests of vulnerable groups,such as minors and the elderly in certain circumstances,divorced women,surviving spouses and so on.In 2020,when the sub-group of the National People's Congress considered the draft Civil Code,Tian Hongqi,a member of the National People's Congress,took into account that there were many disputes over the right of abode in judicial practice,and that the right of permanent residence stipulated this time,not taking into account the weakness of the capacity of the vulnerable groups and the physical weakness,the author puts forward a clear proposal: "The real right compilation should add the right of permanent residence to protect the rights and interests of the vulnerable groups." In the book understanding and application of the Civil Code,published by People's Court,while fully affirming that the Civil Code establishes the right of intended residence,it also expressed regret that there is no legal right of residence to protect the rights and interests of vulnerable groups.The author agrees and believes that the right of legal residence should be added to protect the rights and interests of vulnerable groups.The article is divided into four parts,as follows:The first part,mainly explained the background of the legal right of residence,explained the system of the right of residence stipulated in the Civil Code,mainly responded whether the right of residence was entered into the code,and the necessity of entering the code,however,the problem of the disadvantaged group's residence difficulty,which is reflected in the judicial practice,can not be well solved by only relying on the existing voluntary residence right;The second part,in order to demonstrate the necessity of adding legal right of residence,the author analyzes the typical judicial cases,makes statistics and research on the collected case data,and then puts forward the problems to be discussed in this paper;The third part,has carried on the reasonable proof to the necessity and the significance which adds the legal right of habitation,not only can make up the social security system existence insufficiency,satisfies the social reality stratification plane demand,to some extent,it can make up the deficiency of the right of permanent residence,alleviate the problems in judicial practice,and perfect the existing legal system of our country;The fourth part,on the basis of affirming the existence value of the legal right of residence,the author constructs the legal right of residence,including both the concrete content construction and its application in the relevant subpart of the Civil Code.Moreover,the creation of a system can not stand alone,but should be coordinated with other rights,so that the legal right of residence is coordinated with the ownership,the mortgage and the preemption enjoyed by the lessee and the co-owner,in order to better protect minors and specific circumstances of the elderly,divorced women,surviving spouses of these vulnerable groups of housing rights and interests.