Research On Residence Rights System

In 2020,the Civil Code promulgated by China established residency system in a special chapter on property rights,and added the right of residence,a new type of usufruct right.The holder of the right of habitation has the right to occupy and use the residence of another person in accordance with the contract to meet his living needs.The right of residence has the characteristics of free establishment,stability of the term,non-transferability and limited power.The right of residence has the legal attributes of both servitude and usufruct.The residency system consists of rules of establishment,modification and extinction.The conclusion of a right of residence contract between the parties is the most common way of establishment,and it is also an important basis for the judge to decide whether the right of residence is established,and the agreement of the parties to establish the right of habitation can also be attached to the relevant contract,and there is no need to conclude a separate contract.The change of residency rule is a prohibitive rule,and the law does not allow the parties to transfer and inherit the right of residence.The extinction of the right of residence applies to the expiration of the agreed period of time and the death of the right of the parties,but the parties may separately stipulate the reasons for the extinction in the contract,or may request the court to rule on the extinction of the right of residence.The establishment of the right of residence system is in line with the value concept of private law autonomy in civil law,and achieves the goal of housing for all people.However,there are some applicable dilemmas in the practice,such as a single establishment method,the change rules do not meet the actual needs,the effective rules for the right of residence of testamentary will are not clear,and the registration rules are too rough.We can learn from some useful experiences outside the territory to broaden the channels for the establishment of residency rights,increase legal residency rights,and supplement adjudicated residency rights;Allowing limited changes in the right of residence,limiting the conditions for the transfer of the right of residence,and clarifying the content of the transfer of the right of residence;Clarify the rules for the validity of testamentary residency;Refine the rules for the registration of the right of residence,establish the subject of the obligation to apply for registration,improve the registration review procedures,and issue the right of residence registration certificate.The full text consists of five chapters.The first chapter is an introduction,focusing on the research background,significance,and current research status of the right of habitation system.The second chapter is an overview of the right of residency system,clarifying the concept,characteristics and legal nature of the right habitation and analysing the basis for the legitimacy of the establishment of the right of habitation system.The third chapter analyzes the current application status of the rules for the establishment,modification and elimination of the right of abode system,and summarizes the dilemma of the application of the right of habitation system.The fourth chapter analyzes the residency system of representative countries outside the territory and summarizes the mature experience therein,so as to provide a reference basis for improving China’s residency right system.The fifth chapter proposes corresponding measures to improve the application dilemma of the residency system.