Research On The Application Of Rights Of Habitation System In The Field Of Housing Supply And Support

Realize that all people "have a housing",it is an inevitable requirement of modern civilized society.The right of habitation is a new system design in the Civil Code.As a new type of usufructuary right,the birth of the right of residence expands the ways of using houses,and will inevitably have a significant impact on the housing field.The application space of the right of habitation should not be limited to the field of traditional private law,and can also play a major role in areas such as the field of housing supply and support.In terms of institutional purpose,the purpose of introducing the right of habitation in the Civil Code is to meet the“residence and living requirements” of the partial population,which is the same as the housing supply and support system established by the state for the disadvantaged groups to “satisfy the residence and life”.place.However,there are still many deficiencies in the current housing supply and support system,and it is difficult to achieve the best balance between the stability of shared ownership model and the flexibility of the public rental housing.This paper innovatively puts forward the application of the right of habitation system in the field of housing supply and support,and studies the necessity and feasibility of the right of habitation system in the field of housing supply and support in detail,so as to provide a theoretical basis for its application.This paper argues that the right of habitation model can combine the advantages of the property rights model and the rental model well,and overcome its defects at the same time.It is the choice of the ideal mode of housing supply and support,and our country should construct the multiple housing supply and support system with the right of habitation as the core.This paper discusses in detail the specific system design of the housing habitation model,Including the introduction of specific legal norms,the establishment and elimination of the right of habitation,the protection of the rights of the right holder,and the government’s obligations here.The article is divided into the following five parts:The first part is the question.The article analyzes that the functions of the right of habitation system should be diversified,ystem functions can be exerted in many fields..This paper expounds that the purpose of introducing the right of habitation into our country’s legislation is mainly to guarantee the needs of the vulnerable groups to live and live,and that the system of the right of habitation can play its role in the field of housing supply and support.At the same time,this paper sorts out the problems existing in the current housing supply and support system,and points out that it is still difficult to realize the ideal system effect.The second part puts forward the justification basis that the right of habitation can be applied to the field of housing supply and support system.Firstly,it analyzes the necessity of introducing the right of habitation into the field of housing supply and support system,including realizing the value of the right of residence,and making up for the insufficiency of the current housing supply and support system.Secondly,from the perspective of the integration of public and private law,this paper expounds the feasibility of the application of the right of habitation in the field of housing supply and support,and lays a theoretical foundation for the system arrangement and the construction of the specific rules of the right of habitation model in the following part.The third part proposes that our country should construct the housing supply and support system with the right of habitation model as the core.On the system arrangement of the model of housing supply and support,after analyzing in detail the differences and advantages and disadvantages between the right of habitation model and other models of housing supply and support,It is suggested that a diversified housing supply and support system should be established,with the core of the right of habitation model,the mode of rental and the mode of shared ownership as the supplement,and corresponding arrangements should be made according to their respective characteristics and advantages.The fourth part tries to construct the concrete rules of the pattern of the guaranteed right of habitation.Because the provisions on the right of habitation in the civil code are relatively thin,and the right of guaranteed habitation has its particularity and complexity.Therefore,from the perspective of the particularity of the guaranteed right of habitation,the article analyzes the operating rules of the guaranteed right of residence under the precondition of the unified national legislation.Including the general provisions of the right of habitation model,such as the way of setting up,the way of elimination and so on;The government as the owner of the rights and its restrictions and obligations and other issues.The fifth part is the conclusion,carries on the summary and the induction to the full text,and makes the forecast to the future research.