The Construction Of My Country's Investment Residence Right System Under The Framework Of The Civil Cod

The system of residency originated from the personal servitude in the ancient Roman era,and its special background made it possess the character of personal servitude.Most countries of European continental law system inherited the system of residency in ancient Rome.With the development of the times,the residence right system in these countries began to change,and expanded its application field on the basis of adapting to the needs of social development,and the investment residence right began to take shape.China considered the introduction of the residence right system when it formulated the Property Law in 2002,but it did not materialize in the end.Professor Shen Weixing put forward the concept of investment residence right when he conceived the residence right system in 2005.At present,China is facing the demand of social residential diversification,which is the opportunity to cultivate and develop right system in China’s Civil Code are not perfect enough,which to some extent limits the development of the investment residential right.In order to improve the theory of the investment residential right in China,this paper puts forward some analysis and ideas.This article discusses the investment residence right from the following aspects.In the first part,this paper first puts forward the research on improving the investment residence right system,then discusses the significance of the investment residence right through the research background and research significance,and then discusses the research status of domestic and foreign scholars on the investment residence right.In the second part,this paper introduces the basic theory of the investment residence right,that is,the emergence of the investment residence right,and compares it with the security residence right with human servitude,and then discusses the three characteristics of the investment residence right,namely,the meaning,circulation,and equivalence,and then discusses the great significance of the investment residence right to broaden the channels to solve the housing problem,promote the financing,and solve the pension problem,and finally discusses the time-right hotel The specific forms of investment residential rights,such as housing pension,housing cooperative development,joint house purchase and construction,and long-term apartment residential rights.The third part analyzes the feasibility of the implementation of the investment residence right systemthe human servitude and residence right are separable and the system of usufructuary right is unified.Second,the Civil Code reserves the institutional space for the investment residence right,such as the expansion of the subject of residence right,the recognition of the paid nature of residence right,and the lease of residence right can be agreed,The third is to analyze the development of residential rights systems in European countries and draw on the experience suitable for China.In the fourth part,this paper puts forward the difficulties faced by the construction of the investment residence right system in China,such as the limitation of the function of the residence right in the current system,the unclear provisions of the subject,the restriction of the object of the residence right,the restriction of the circulation of the residence right,the limitation of the free establishment of the residence right,the lack of provisions on the maximum duration of the residence right,and the restriction of the traditional concept of the residence right.The fifth part is a concrete conception of the construction of the investment residence right system in China,mainly from the following aspects: the function of the investment residence right,the definition of the subject and object of the investment residence right,the improvement of the establishment and duration of the investment residence right,the definition of the liquidity of the investment residence right,and the protection of the investment residence right.The conclusion part points out the necessity of establishing the right of residence system,and looks forward to the establishment of the investment right of residence in China.