Research Of Dwelling Right

The dwelling right was originally originated in Roman law and inherited by modern countries,and the civil codes of various countries have adjusted and broken through the dwelling right system by taking into account their own national conditions and the development of the times,etc.In 2020,the dwelling right system was formally incorporated into the property rights part of the newly enacted Civil Code in China.This paper summarizes and analyzes the existing research results on the dwelling right system at home and abroad,and then elaborates and interprets the theory of the dwelling right,discusses the shortcomings of the existing dwelling right system on the basis of the foreign dwelling right system,and makes suggestions for improving the dwelling right system in China.The first part of the introduction firstly explains the background and significance of the research of this paper,then summarizes and composes the existing research results at home and abroad,and determines the research content and method of this paper.The significance of the study is explained by elaborating the important role of the dwelling right system in improving the servitude system in China,protecting the housing needs of the disadvantaged groups,and maximizing the efficiency of housing utilization.The second part is an interpretation of the theory underlying the dwelling right.Firstly,it clarifies the definition and connotation of the dwelling right in various contexts,elaborates the legal characteristics of the dwelling right,and on this basis focuses on the analysis of the ethical dwelling right,which is exclusive and secure,and the investment dwelling right,which is investment and property.The third part analyzes the shortcomings of our current dwelling right system based on the provisions of the Civil Code on the residency system in terms of the subject,object,acquisition and extinction,and the rights and obligations of the residency owner.Current dwelling right system favors the social security residency right and neglecting the investment residency right.At the same time,the existing system does not provide for the legal dwelling right,ignores the scope of actual occupants,and fails to explain the rights and obligations of the occupant of dwelling right.The fourth part is to make suggestions for further supplementation and improvement of the dwelling right system in China.Based on the analysis in Chapter three,which points out the shortcomings of the current dwelling right system in China,Chapter four proposes suggestions for improving the provisions of the dwelling right system in the Civil Code in terms of clarifying the scope of the subject and object of the dwelling right,adding statutory methods of establishment and causes of extinction,limiting the duration of the dwelling right and clarifying the rights and obligations of the owner of the dwelling right.