Research On The Application Of Divorce Assistance Residence Right

Residency is set for the interests of specific people and enjoyed by its rights,about the legal system of residence in our country academic construction problem has after 30 years of discussion.By 2021,the People’s Republic of China’s civil code(hereinafter known as the "civil code")will give the judicial practice its legal foundation.Divorce between husband and wife has become largely focused on status loss,property division,and raising children;with the emphasis being on the rights to housing.Consequently,this has become the core of many such divorces.this paper is divided into the following five chapters to elaborate on the divorce-assistance residence system:The introduction of the article is mainly the topic background of the residence right;second,the research significance of this paper,the third,the research review of this paper,and finally the main content and research methods of this paper.The first chapter discusses the value of divorce help type residence system,mainly has the following three parts: the first part is divorce help type residence help to further realize the "Everyone has a place to live in it" vision,the second is the divorce help type residence system can be based on the Angle of "divorce freedom" guarantee freedom of marriage,the third is the divorce help type residence system can promote divorce economic help form diversification.The second chapter is the judicial practice about divorce help residential case analysis,with six more typical case dispute focus introduces case,leads to the divorce help residential of judicial applicable status and existing problems,is also cause the law in judicial practice is not unified and did not get a clear answer to the typical problems and need to perfect part,this paper will also from understanding the context of different cases in try to give the answer.The third chapter is to through the overall analysis of cases,extract the current problems and deficiencies of the right to divorce assistance in China,mainly through the problem oriented and goal oriented,analysis of the right to be clear and need to improve the place;The fourth chapter examines the pertinent legislative experience beyond the region.In this paper,comparative research is employed to explore the origin and purpose of the mainland law system’s establishment and the country’s residence right in China,which is based on the inheritance and development of the foreign system.Chapter 5 responds to the places where the right of residence needs to be improved,and makes suggestions for the right to live with divorce assistance.This paper proposes the following improvement proposals,in light of the issues discussed and the quandary of judicial implementation.The first is to the "civil code" before residence to make advice,the second is to improve the divorce help residence of the applicable conditions,the third is to build legal residence and ruling residence,the fourth is clear divorce help residence person right,the fifth is to expand the divorce help type residence housing type,the sixth is to help the termination conditions.