Research On The Legislative Perfection Of Residence Right System From The Perspective Of Civil Code

The right of residence can be traced back to the ancient Roman period.The purpose of its establishment is to solve the basic housing needs of the general family members without the right of inheritance and the closely related common living members.Later,it was spread and inherited in the countries of civil law system.The traditional right of residence has a strong color of human servitude.With the development of society,more and more countries focus on the investment right of residence,release many restrictions of the right of residence system in terms of power,and promote the diversification of the use of real estate.China is a super-populated country,with precious land resources and high house prices,which cause many people to face the problem of renting houses.Although the leased house can live in the house at a lower price,the residential rights and interests are difficult to be guaranteed.In addition,the existing population in need of relief is huge,and China’s housing security system can not solve such problems well,so it is urgent to reform.In order to respond to the needs of the society for the right of residence system,the right of residence system is stipulated in the property part of the Civil Code in the form of a special chapter.In the Civil Code,the legislator only uses six articles to regulate the system of residence right,which is too simple,not detailed and comprehensive,and cannot well adapt to the current rapid economic development.In the process of resolving disputes in cases,judicial organs are prone to result in "different judgments in the same case".Therefore,in order to give full play to the value and establishment purpose of the residence right system,this paper bases the improvement of the residence right system on the overall perspective of the Civil Code.Through analyzing the legislative status of the residence right system and combing the cases in the application process,it concludes the limitations of the residence right in the legislation,and combines the existing national conditions of our country,and uses legal interpretation and other methods to further improve it.The main body of this paper includes the following four parts:The first part mainly elaborates the theoretical content of the right of residence and analyzes the existing provisions on the right of residence.First,it defines the right of residence,including its concept,nature and classification.Secondly,it discusses the relationship between residence right and ownership,mortgage right and lease right.Finally,it introduces the value of the right of residence system in China,fully reflects the significance of the right of residence in the code,and highlights its important social security function.The second part introduces the legislative status and limitations of the residence right system.It is discussed from three aspects;First of all,review the dispute period and the accession period of the residence right system,analyze the existing provisions of the residence right system item by item,and explain the internal meaning of the relevant laws and regulations.Secondly,log in to the "China Judgment Document Network",enter "residency right" for retrieval,and analyze the adjudication documents involved in residency disputes.Finally,it concludes that there are limitations in the way and content of the system establishment and elimination.The third part introduces the provisions of residence rights in civil law and common law countries.Different countries have inherited and improved the right of residence system in different degrees based on their basic national conditions.Through comparative research,they learn from the relevant experience of foreign countries on the right of residence system in order to improve the right of residence system in China.The fourth part puts forward suggestions to improve the limitation of the residence right system.Based on the contents of Chapter 2 and Chapter 3,this paper puts forward some suggestions such as adding legal residence right,adjudicative residence right,investment residence right,clarifying the scope of the subject and object of residence right,and improving the cause of the elimination of residence right.