Study On The Application Of Residence Right System In Chinese Civil Code

The right of habitation originated from ancient Rome,which is the right of dwelling and using the house established by the owner for the purpose of maintenance and rearing,etc.The traditional right of habitation belongs to the typical servitude of human.The Civil Code of the People’s Republic of China,which came into effect on January 1,2020,introduced the residence right system for the first time,breaking through the human servitude system,and defining the subject,object and establishment method of the residence right in six provisions,which attracted wide attention and discussion from all walks of life.The establishment of the residence right in our country was considered a great progress in the legislative process.It has made great contributions to solving the basic housing needs of disadvantaged groups,broadening the way of housing utilization and activating the vitality of market economy.Problems of difficult application of residence system appear in practice.The reason is that residence right is still a traditional residence right in our country,with defects such as single mode of establishment,unknown rights and obligations,narrow scope of subject and object,and vague causes of right eradication.At present,many countries with different legal systems have established the residence right system and made innovations to this system to varying degrees.Germany,France,Italy and other countries have proved the separability of residence right and servitude,which has guiding significance for Chinese legislation and judicature.Advanced experience in the system of external residence right should be combined with China’s national conditions.It explores a residence right system suitable for socialist modernization with Chinese characteristics,criticizes the deficiencies of China’s residence right system from the perspective of history and reality,and puts forward targeted legislative suggestions to the existing problems of the system,such as adding legal residence right,granting residents the right of first purchase and other rights and stipulating the obligations of residents.Perfecting the residence right system is conducive to promoting the construction of a country ruled by law and realizing the considerable development of the socialist market economy.