Investment Residency Research

On May 28,2020,the "Civil Code" was deliberated and adopted at the third session of the13 th National People’s Congress,and the right of residence is one of the topics worthy of attention."Having a place to live" has always been a people’s livelihood issue that the country pays close attention to in the overall situation of economic and social development.Wang Chen,vice chairman of the Standing Committee of the National People’s Congress,mentioned in his explanation to the "Civil Code of the People’s Republic of China（Draft）" : "The new type of usufructuary right,’the right of residence’,is added to implement the requirements of the 19 th National Congress of the Communist Party of China to speed up the establishment of a multi-subject supply and multi-channel security housing system." The right of residence includes the right to possess and use,but does not include the right to profit.It is not allowed to transfer or inherit.From the perspective of comparative law,such a system design shows that the right of residence is based on the right of social residence,and its core function lies in the protection of specific groups of people.The principle of autonomy of will.Compared with the residence right of the Civil Code,the investment residence right has no special restrictions on the subject of the right,and allows transfer and inheritance,which can meet the needs of people for the diversified use of houses,realize a variety of use patterns in the market,and promote the best use of things...,which just fills the functional gap in the residency system of the Civil Code.Therefore,on the basis of complying with the legislative purpose of the existing Civil Code,this paper strives to realize the dual functions of the traditional guarantee and economic demand of the residence right system of the Civil Code,examines the provisions of the foreign investment residence right,and proves that the investment residence right is different from the investment residence right through the value analysis.The right of residence in the Civil Code is a right with two different functions.The right of residence for investment has the functions of perfecting the right of residence system in my country,rectifying the positive direction of the function of housing for the elderly,and promoting economic development.By demonstrating the feasibility of establishing the right of residence for investment,from The existing system analyzes the obstacles to the establishment of investment residence rights,and uses logical analysis and legal interpretation to effectively connect the theory with the actual situation in my country,and puts forward application suggestions for the establishment of investment residence rights.This paper is analyzed from the following four parts:The first part is an overview of the investment residency,expounding the origin,concept,characteristics and nature of the investment residency.Investment residency is a derivative right after Roman law residency is inherited by France and Germany.Through the analysis and comparison of the characteristics of the residence right under Roman law and the characteristics of the residence right system in France and Germany,the concept,characteristics and nature of the investment residence right are summarized.The second part is the investigation of the foreign investment residence right.By observing the characteristics of foreign investment residency rights and analyzing each feature one by one,it is expected to provide reference experiences and ideas for solving difficulties in the establishment of investment residency rights in my country.The third part is the necessity and feasibility of establishing investment residency.in terms of necessity.Through the analysis and comparison of the value of investment residency and residency in the Civil Code,it is believed that there is a certain value conflict between the two,but this conflict can be resolved by the concept of the Civil Code that "formal equality is the main factor and substantive equality is taken into account",so that It is argued that the relationship between the investment residence right and the civil code residence right is not "you have no me",but they are two types of residence rights with different functions.Through the internal logic analysis of the function of "house-for-age" of residence right in the Civil Code,investment residence right can rectify this function well.Based on the analysis of social practice needs,it is believed that investment housing rights can make the best use of things to promote economic development,and can reduce the negative impact of the "same right to rent and purchase" policy on improving the housing security system.By sorting out the four different periods of the residence right system in my country,it is determined that in the "post period" of the present Civil Code,the investment residence right will definitely enrich the theoretical research on property rights.in terms of feasibility.By analyzing the provisions of the residence right in the Civil Code,it is believed that the current system has reserved space for the establishment of investment residence rights.By sorting out the institutional achievements outside the territory,it provides experience that can be used for reference for the establishment of investment residence rights,and believes that investment residence rights are in line with the value pursuit of the Civil Code.Sorting out the research results of the academic circle,I provided theoretical support for the establishment of investment residency.At the same time,it analyzes the obstacles to the establishment of investment residency in our country and its overcoming,which lays the foundation for the fourth part.The fourth part is the institutional design of investment residency.Firstly,the concept of investment residency is clarified in the Civil Code,and then,according to its nature and characteristics,specific regulations are made on investment residency on the basis of a clear concept.Then,make use of the space of legal interpretation to improve the investment residence rights stipulated in the Civil Code.