Residency System Research

The residency system,which originated from Roman law,has had a profound impact on the relevant legislation of countries and regions around the world.In 2002,my country’s "Property Law(Draft)" proposed a system of residency rights,but it was not adopted due to various reasons.There is no system of residency rights in the "Property Law" officially announced in 2007.Until the report of the Nineteenth National Congress of the Communist Party of China in 2018,it was proposed to establish a more complete housing system and the spirit of the meeting for all people to live in,so as to combine the needs of the society in the new era with the compilation of the property rights of the Civil Code,and jointly focus on the people.The issue of residence rights has attracted another theoretical discussion on the residence rights system in academic circles.Finally,the "Civil Code of the People’s Republic of China"(hereinafter referred to as "Civil Code")promulgated on May 28,2020 formally established my country’s housing rights system,providing new solutions to the people’s housing problem and providing relevant Judicial judgments provide a legislative basis and further improve my country’s usufructuary system.However,the "Civil Code" has only six provisions on the right of residence system,and the unmanned servitude system in the real right system of our country makes the right of residence system unable to be used and referenced,so the current system of residence right in our country is still very incomplete..In this regard,this article refers to and draws on the experience of relevant legislation outside the territory,combined with China’s national conditions and other existing legislative provisions related to the residency system,and believes that China’s residency rights should be established in addition to the intended residency rights.Right of abode;in addition to the death of the holder of the right of abode and the expiration of the time limit,the extermination situation should also include the loss of the residence,the revocation of the right of abode,and the mixing of rights;the rights and obligations of the holder of the right of abode should also be included in the future Civil Code It is clarified in the judicial interpretation.At the same time,the function of the right of residence should be extended to the investment field,showing the value of private law of autonomy of will,and perfecting China’s usufructuary system.