| The controversy related to the subject of the right of residence and its rights and obligation stems from the different functions of the right of residence,and the current legal norms fail to fully cover the right to secure residence,which improperly limits the scope of application of the right of residence system.Since the right of residence has both security and investment functions,it is necessary to recognize the subject qualification of legal persons and unincorporated organizations,and to face various types of subjects of the right of residence with an open attitude.Allowing the owner of a house dwelling to be the subject of the right of residence,thus enriching the connotation of the right of residence system and integrating it with our economic development and social innovation.However,the persons who live with the owner of the residence are only indirect beneficiaries and are not the subjects of the right of residence.Regarding the scope of the subject of the right to secure residence,the right to secure residence for families should include the subject of the right to residence based on legal obligations.In the case where the owner of the house sets the right to residence for family members,the scope of the subject of family security should be expanded to include specific persons who have a genuine need to live and are dependent on the owner of the house.Due to the stability of the right of residence,the social security right of residence must include those who are in long-term housing difficulties in the subject of the right of residence.As a usufruct right,the owner of the right of residence has the right to occupy and use the dwelling,the right to resist interference by others including the owner,and the right to make necessary improvements and repairs to meet the needs of living and housing,as well as the obligation to make reasonable use and normal maintenance and to pay the necessary expenses.According to the current regulations,the owner of the right of residence can enjoy the right to rent the residence by agreement,but the right of residence cannot be transferred or inherited,which restricts the function of investment and is not conducive to the full realization of the value of the system.Thus,by analyzing the qualifications of the subject of the right of residence and the specific scope of the subjects of the right to secure residence,and by delineating the basic rights and obligations of the subject of the right of residence,the system of the right of residence is linked to the needs of family security,national housing security and diversified utilization of housing value in China,and the legal relationship between the subjects of the right of residence and other rights holders is balanced so as to maximize its functions. |
