Research On Legal Issues Of My Country's Residence Right System

Civil code of the People’s Republic of China promulgated on May 28,2020 and effect on January 1,2021.The defects of the civil code make up for the regret of the property law which lack of the right of residence.It is gratifying that the right of residence has been established in the civil code,it is a progress of the rule of law even though there are only six articles.Although the establishment of the civil code of the right of residence is very exciting,but sadly,the civil code provisions have made too much restrictions from the subject,object,content and other aspects of the right of residence.These restrictions make the right of residence can’t completely release of its institutional value.I have comparative the development and completion in the civil code of Anglo-American law system and the continental law system want to find the way how to make the right of residence integrating with the situation of social development in China.Through the summary of previous judicial cases,I conclude the subject and the scope of application of the residency right,what purpose that can be achieved,the problems of implementation.I have analyzed the standpoint of the residency right,and thought how to achieve the goal,maybe it also can use in the field of business investment.It’s important to find the way to make the residency right more perfect.I try to think about the problems what maybe appear in the application of the residency right and want to find the conclusions.Through the previous discussion,I think we should have confidence in the right of residence,and don’t limit it in the framework of personal servitude.What’s more,we should add the legal residency right and the ruling residency right to fill in the loopholes in the residency right by contract.We should face up to the demand for the investment function of the right of residence in life.By allowing the transfer of the right and balancing the rights and obligations of participants to exert the investment function of the residency right.At the same time,we should be alert to people who use the right of residence to do illegal things and prevent the abuse of the residency right.Through the rebalancing of the legal relationship of the residency right,and clarify the concurrence of the residential right and the related rights In order to guide social practice.