Research On The Legal System Of Residence Right In My Country

In recent years,housing rights disputes have occurred frequently in our country.In judicial practice,there are more and more situations in which the housing rights system needs to be used to relieve the housing interests of disadvantaged groups.The 2005 "Property Law Draft(Draft for Comment)" used 12 legal provisions to elaborate on the right of residence.In2007,when the National People’s Congress passed the "Property Law",all relevant provisions on the right of residence were deleted.The party pays close attention to the issue of national housing.At the 19 th National Congress of the Communist Party of China,it proposed "let all people live in a place",which provided policy support for the survival and development of housing rights in our country.In the end,on May 28,2020,the "Civil Code" adopted by my country formally established the right of residence system for the first time,and the right of residence was included as a new type of usufructuary in the title of property rights.In terms of legislative style,it is reasonable that my country adopts the model of separate regulation of property rights,and the positioning of residence rights as usufructuary rights is also in line with my country’s legal system and actual needs.However,the "Civil Code" has relatively general provisions on the right of residence,the content is too simple,and lacks a certain degree of trial operability,but this also leaves room for development for Chinese legislators to add new regulations and introduce new concepts in the future.We must continue to explore and try in judicial practice,learn from the advanced housing rights system outside the region,and combine my country’s social needs and actual conditions to expand,improve and perfect the existing housing rights system to make it both ethical and economical.Sex,forming a modern residential right that coexists with sociality and investment.Specifically,the content and system of my country’s housing rights system will continue to be enriched and improved in the future,and we can think from the following perspectives:First of all,the "Civil Code" has relatively simple provisions on the way of establishing the right of residence.It only stipulates two ways of establishment through contract and will,which are not enough to give full play to the protection function of the right of residence to the housing interests of disadvantaged groups.According to the application of the right of residence in practice,it can be considered to increase the right of residence in accordance with legal provisions and court judgments.The legal right of residence gives the disadvantaged parties the certainty of obtaining the right of residence when they meet specific conditions.The ruling of the right of residence provides a legal basis for judges in handling residence disputes,which can better coordinate the interests of the rights subjects and solve them more comprehensively.There are various and complicated cases of residential disputes in society.Second,the definition of the subject of the right of residence is not clear enough.The subject of the right of abode shall include natural persons and legal persons.Taking into account the living habits of the person with the right of residence,or the inconvenience caused by old age or illness,family members and necessary service personnel living with the person of the right of residence can also be included in the subject of the right of residence Within range.In addition,the current law has relatively vague provisions on the rights and obligations of the holder of the right of residence,which can easily lead to conflicts between the holder of the right of residence and the holder of the right of residence,and cannot provide a detailed basis for the parties and the court in handling conflicts.It can clarify the right to use the house by the holder of the right of residence,such as the right to use the auxiliary facilities in the house for his normal living needs,and can also exercise the easement and neighboring rights attached to the ownership of the house.In addition,it can also give the holder of the right of residence the preemptive right to purchase the target house under the same conditions,and try to make the holder of the right of residence continue to occupy and use the house,without changing the original living status,and avoid the holder of the right of residence and the buyer.Conflict of interest.Third,the current residency rights are based on the principle of gratuitous establishment and the prohibition of transfer and inheritance is not flexible enough,restricting the circulation of houses and market transactions.In order to break through such restrictions,we can consider introducing investment residence rights in our country,making the residence rights more transferable,allowing them to be transferred,inherited,and rented out,highlighting the paid characteristics and investment value of the residence rights,and making them available for housing use.Provide new forms while realizing the social functions and economic efficiency of the housing right system.Finally,regarding the cause of the extinction of the right of residence,the Civil Code currently provides for the expiration of the residence period and the death of the holder of the right of residence.With reference to extraterritorial legislation and the actual situation in my country,we can appropriately increase the loss of residence,consensual extinction,and confusion of rights.Abuse of the right of residence by the holder of the right of residence,etc.,to promote the elimination of the right of residence and diversify the reasons.