Research On Residence Right Registration System

On January 1,2021,the civil code officially came into force in China.As a newly added system in the civil code,the right of residence began to be gradually implemented throughout the country.As a basic system to ensure people’s basic housing needs,the right of residence plays a very important role in ensuring people’s housing and maintaining social harmony and stability.However,China’s civil code simply summarizes the residence right system with only six articles,and there are no detailed provisions on the registration of residence right.Based on this,this paper takes the residence right registration provisions in the civil code as the starting point and China’s residence right registration system as the research content.Based on the systematic analysis of the current situation of China’s residence right registration legislation,this paper reflects on the problems faced by China in the implementation of residence right registration,and draws lessons from the legislative experience of the residence right registration system in civil law system and common law system countries,Looking for a way of residence right registration suitable for China’s basic national conditions.This paper is divided into five chapters:The first chapter is the introduction,which mainly introduces the background and significance of the research on the residence right registration system,analyzes the research status of the residence right registration system at home and abroad,determines the research ideas and research methods,and the innovation of this paper.The second chapter mainly summarizes the theory of residence right registration.Firstly,it analyzes the historical evolution of residence right system and understands the institutional basis of residence right.Secondly,it discusses the practical significance of the implementation of the residence right registration system.Finally,it analyzes the current legislative situation and legislative characteristics of residence right registration,and understands the implementation progress of residence right registration in China.The third chapter mainly analyzes the difficulties faced by the right of residence registration.In this part,it makes a comprehensive analysis of the specific six problems existing in the implementation of residence right registration,mainly focusing on the different provisions on residence right registration of will application,unclear advance notice registration rules of residence right,unclear definition of the object of residence right registration,unclear registration review standards,unclear compensation liability for registration errors,unclear ranking of residence right registration and mortgage registration,etc.The fourth chapter mainly analyzes and draws lessons from the extraterritorial law of residence right registration.By analyzing the residence registration system of civil law system and common law system,and drawing lessons from its reasonable system,this paper provides reference for the improvement and implementation of China’s residence registration system.The fifth chapter puts forward suggestions on the improvement of the right of residence registration system from the aspects of the provisions of will application for the right of residence registration,the advance notice registration of the right of residence,the scope of the registered object residence,the registration review standard,the liability for registration errors,and the order between the right of residence registration and the mortgage registration.