Research On Investment Residence Right System Of Our Country

The so-called investment residence right is defined as the right of non-owners to use other people’s houses and their ancillary facilities and obtain income.Different from the living residence right,the investment residence right has commercial properties and investment functions,and has broad application space in the areas of housing system reform,construction cost subsidies,revitalization of rural homestead and judicial enforcement.Although articles 368 and 369 of the Civil Code of China recognize the paid nature of the right of residence in the form of "proviso" and allow it to be rented out,based on the rule design of "no transfer,no inheritance" of the right of residence in China,it is not enough to prove that China recognizes the investment residence right with commercial use as its function.At present,China’s social conditions and economic system are changing,and the market has become the main way of resource allocation,which provides a social basis for the production of investment residence rights.In fact,the right of investment residence can make up for the loopholes in the system of sanctuary right of housing under the legal principle of property rights in China.Its benefit value is realistic and irreplaceable,and it can promote and guarantee the rational use and development of housing resources.From the perspective of legal basis,the legislative practice of Germany and other countries shows that the "human servitude" of residence right is not insurmountable,and the establishment of investment residence right also conforms to the general principle of legal succession.Therefore,China’s Civil Code should introduce the "investment residence right system" and give full play to the economic value of residence right by activating its "circulation" and "usefulness".Our country should set up the right of investment residence,but it does not mean that we should copy the system of other countries.When we legislate the right of investment residence,we must select and innovate the system according to our national conditions.For this reason,this paper proposes that the legal orientation of "the fructose of residence right is primary,and the human servitude is secondary" should be adhered to.The specific measures are as follows: the purpose of the establishment of residence right is modified to meet the dual needs of investment and residence;In the way of setting up the right of residence,contract should be the main method;On the subject of rights,we should break through the restriction of human nature and expand the subject of rights to the non-specific market subject;It also guarantees the demand of investors to freely dispose of their rights for income.In terms of legislative style,we should adopt the method of "multiple parts coordination",and make general provisions on the establishment,registration,restriction,rights and obligations of the investment residence right in the "real right part",while the "marriage and family part" and "inheritance part" make special and supplementary provisions on the residence right involving inheritance and upbringing relationship.We should also pay attention to strengthening the protection of the investment residence right and the coordination with the ownership interests.This paper uses the methods of literature analysis,empirical research and case analysis to study the connotation and extension of the investment residence right,the practical significance of legislation,legal basis and extraterritorial experience,in order to provide useful reference for future legislation.