| The right of residence was established in ancient Rome to help disadvantaged members of the family.With the progress of the legal system and the needs of society,this concept has gradually been accepted by some Western countries.In 2020,my country’s newly compiled "Civil Code" stipulates the right of residence in the usufructuary rights compiled by the property rights.Its purpose is to protect housing and people’s livelihood and optimize the allocation of social resources.The "Civil Code" was officially promulgated on January 1,2021,and the right of residence has always been a hot issue of concern to all sectors of society.From the beginning of 2021 to the present,many civil cases related to residency rights can be searched on the judgment document network.This shows that this system has not only landed in our country,but also has played a certain practical role.The right of residence is an imported legal system,and its birth soil is completely different from our country’s social environment.Therefore,in order to make it play a better role in society,it is necessary to analyze and explain it in light of my country’s current national conditions.This article hopes to provide some practical help for the application of residency rights through interpretative analysis,and at the same time contribute some meager efforts to the construction of our country’s legal system.This article uses five chapters to explain the interpretation of residency rights.Firstly,it introduces the origin and classification of the right of residence,and further puts forward the practical significance of the establishment of the right of residence in our country,and draws on the legislation of extraterritoriality,and refers to the current judicial precedents on the establishment of the right of residence system,the scope of the subject and object,the legal effect,and the reason for elimination.The scope of rights and other aspects have made more specific explanations.The following is a brief explanation of the main content.The first part is a basic introduction to residency rights.This part first gives a general explanation of the origin and classification of the right of residence,and also explains the practical significance of the establishment of the right of residence in our country.The residency system has gone through ups and downs and finally landed in the "Civil Code",Its fundamental purpose is to protect the survival needs and natural interests of disadvantaged groups.This system has played an important role in protecting people’s livelihood,maximizing the use of housing resources,and alleviating pressure on the housing market.The second part is an explanation about the necessity of establishing a residence right system in our country.It mainly introduces the social practical significance of the establishment of housing rights in our country from three aspects:helping disadvantaged families,improving housing utilization and responding to the national housing security policy,so as to illustrate the importance of interpreting housing rights to expand the scope of application.The third part is the analysis and discussion of the extraterritorial legislation of the residence right system.The main reference is the French and German legislative provisions that follow the residence right system of ancient Roman law.When dealing with the application of the right of residence in our country,it is necessary to refer to foreign laws and regulations and to learn successful experience from them.For example,the non-transferability of the right of residence is gradually loosened with social development,so that the residence right system can better serve the society.The fourth part mainly introduces the difficult problems currently applicable to the right of residence.Although the right of abode has been included in the Civil Code,there are only a few paragraphs describing it in the code,and there is no detailed description of how to apply it.In this context,there are bound to be some problems in the application of the right of residence in the actual judicial system.This section addresses this situation and addresses the possible expansion of the establishment method,the clarification of the scope of the subject and object,the legal effect and transferability.Discussed.The fifth part is the interpretation theory of the residency norms.Based on the analysis of the aforementioned judicial precedents and extraterritorial legislative precedents,the legislator’s legislative intentions are explored from the establishment meth od,the right subject,the right object,and the cause of elimination,and further clarify the scope of the subject and object of the right of residence and the cause of elimination.Provide more basis for judicial practice.In order to make it not lagging behind the social reality,we will discuss the legal loopholes in the application of residency rights.The "Civil Code" is not comprehensive in terms of the system of residency rights.In the daily judicial application process,issues of legal effect such as rights and obligations may arise.Based on the basic national conditions of our country and combined with the aforementioned viewpoints,this article further proposes the improvement and supplement of the right of residence in the Civil Code.The specific content includes clarifying the legal effect of the right of residence,lifting the restriction on non-transferability and expanding the scope of the right of residence,income etc. |
