On The Perfection Of The System Of Habitation Right In China

On May 28,2020,the civil code of the People’s Republic of China(hereinafter referred to as the civil code)was deliberated and adopted by the third session of the 13 th National People’s Congress.In order to respond to the housing demand of the society,the civil code has added the system of the right of abode,which is stipulated in a special chapter.The newly established system of the right of abode has important system value and practical significance.This new type of usufructuary right is of great significance in protecting the residential interests of specific groups,providing institutional support for the elderly with housing and maximizing the form of housing utilization.Because the system of residence right is a new system in the history of civil law in China,its provisions and supporting measures are not mature.In order to give full play to the system value and legislative purpose of residence right,there are still many places to be explained and improved.This thesis is divided into four parts to study the right of residence system,including the overview of the right of residence,the problems existing in the provisions of the right of residence in China,the provisions of the right of residence abroad and the improvement of the right of residence system.The four parts are closely linked and progressive,hoping to contribute to the improvement and development of the right of residence system in China.The first part is an overview of the right of abode.Firstly,it introduces the concept and characteristics of the right of habitation,and briefly summarizes the basic theory of the right of habitation.Secondly,it analyzes the nature of the right of habitation.Human servitude is the orientation of its nature at the beginning of the creation of the right of habitation,but the essence of the right of habitation lies in the diversified use of houses under the separation of ownership and use right.We should recognize the essence of the right of habitation,separate the right of habitation from human servitude,focus on its usefulness,and adjust the function of the right of habitation from protecting the residential interests of a specific person to meet the diversified needs of modern society for the use of housing.The second part writes about the deficiencies of existing habitation system in China.At present,the way of establishing the right of residence in China is not perfect,and there is a lack of legal provisions to protect the right of residence of vulnerable groups.In addition,the current system of residence right forbids the transfer and inheritance of the right of residence,which is the result of limiting the right of residence to social residence.Residential right residence has dual functions of social security and investment,but the current regulations in China ignore the investment right of residence.At the same time,the existing provisions on the elimination of the right of residence are not perfect,which is likely to damage the legitimate rights and interests of housing owners.The third part introduces the provisions of the right of abode system.This thesis introduces the provisions of the right of abode system in civil law countries and common law countries.The main hope is to improve China’s right of abode system by comparing and learning from the provisions of the right of abode abroad,so as to give better play to the value of the right of abode system.The fourth part is to put forward suggestions on the improvement of the residential right system in the civil code.At present,there are only seven provisions on the right of abode in China’s civil code,and there are still many places to be further explained and improved.Combined with the problems of the second chapter,this chapter puts forward some suggestions on the improvement of the residential right system in the civil code from the aspects of increasing the establishment mode of the residential right,that is,increasing the legal residential right,improving and expanding the function of the residential right,and expanding the elimination mode of the residential right.The system of residence right is one of the highlights of the civil code of our country,which reflects the response of legislation to social needs,and proves once again that the life of law lies in life rather than logic.It is of epoch-making significance to add the system of residence right in our country.By analyzing the concept and nature of the right of abode,and by comparing the relevant provisions of the right of abode system abroad,the author puts forward some suggestions on the improvement of the right of abode system,hoping that this thesis can provide effective suggestions for the improvement and development of the right of abode system in China.