A Study On The Perfection Of The Registration System Of Residence Rights In China’s Civil Code

With the formal implementation of the Civil Code,the legal system of registration of residence rights is also facing the problem of how to interpret and apply it.According to the Civil Code of our country,the right of residence is generally established free of charge: and it needs to be registered with the registration authority.The registration system of residence right refers to the system in which the national real estate registration authority establishes,punishes or destroys the right of residence between civil subjects,reviews,records and gives it the legal effect by law.The registration of the right of residence belongs to the state administrative affairs in the field of private law.In accordance with the legal procedures and the participation of the parties and the registration institution,the registration institution records the items that should be registered in accordance with the law in the real estate registration book.It is of great significance to study the legal effect of residence right registration and the examination mode for the residence right registration system.Combined with the types of registration of residence rights in judicial practice,it mainly includes first registration,change registration and cancellation registration.Through the registration of the right of residence,it is beneficial to protect the real right of the occupant,facilitate the management of the state,and has the function of presuming the rights of the parties concerned.Through the analysis of the current situation of legislation,law enforcement and judicature of residence right registration,there are still some problems in the registration system of residence right in our country,such as the registration entity law,the registration procedure is not perfect,and the registration of residence right is connected with other rights.In the aspect of entity,there are some problems: the legislation of residence right is not unified,the validity of testamentary residence right registration is not clearly stipulated,the registration of residence right is not clearly determined,and the registration of residence right is not perfect;there are the problems of application for registration of residence right,unclear scope of registration book of residence right and examination of registration of residence right.When the registration of residence right and other real right registration,there may be problems between residence right and other real right registration,mainly involving two aspects: the connection between residence right registration and ownership transfer registration;the connection between residence right registration and mortgage registration.In order to better implement the registration system of residence right,on the basis of drawing lessons from the reasonable experience outside the country,we should improve the registration system of residence right step by step.It includes the introduction of the Real Estate Registration Law,the clarification of the registration effect of the testamentary residence right registration system,the clear stipulation of the prescribed residence right registration,the improvement of the reasons for the cancellation of the residence right registration,the clear stipulation of the registration application and agency rules of the residence right registration,the improvement of the registration scope and examination mode of the residence right registration book,and the connection rules between the residence right registration and the registration of other rights.Make the registration rules of residence rights more in line with the needs of the rule of law in the new era."...