On The Civil Law Protection Of The Right Of Residence

As an epoch-making code in China,the civil code of the People's Republic of China formally introduced the residence right system for the first time.In addition to drawing lessons from foreign legislation,it also integrates the research results of Chinese academic circles on the right of abode for several years.While affirming the legislation,we can not help but see that the residential right system in our civil code is not perfect.The right of residence is not the end of the code,and there is still a long way to go.There are structural and detailed defects in the system of residential right in China,which should be solved urgently,otherwise it will be difficult to meet the needs of practice.First of all,based on the classification analysis of the current situation of the settlement of disputes over the right of abode in China's judicial practice,this paper summarizes the practical characteristics and protection methods of the disputes related to the right of abode in China,and understands the practical needs of the judicial practice for the right of abode system.At the end of the first chapter,it points out several problems in the application of the right of abode system.Secondly,looking back to the origin of the right of abode--Roman law,from the social background and system of the generation of the right of abode in ancient Rome,we can find the value attribute of the right of abode.On this basis,it further explores the civil law significance and system function of the right of abode,clarifies its system value and defines its system connotation.Thirdly,From the perspective of foreign legal norms,this paper explores the current situation and institutional provisions of the protection of the right of abode in the civil law system and the common law system,and summarizes the similarities and differences between them.This provides rich experience support for our country to learn from and interpret the legal system of right of abode and grasp the purpose of the system more accurately.Finally,according to the problems reflected in the judicial practice,this paper puts forward some suggestions to improve the explicit problems existing in the specific application of the system rules.Then,it points out the multiple application fields of the right of habitation system in the civil code,and establishes the connection mechanism between the right of habitation and other similar systems.