The Research On The Way To Perfect The System Of Habitation Right In China

Under the guidance of the national housing policy and the call of the social reality,the Civil Code finally decided to include the habitation right system into the real right compilation,engiving it the real right effect and distinguishing it from other housing rights,so as to ensure that the social family vulnerable groups in need of living can have a place to live.The habitation right system can not only play an important role in consolidating family ethics and stabilizing social order,but also help reduce the pressure of national pension in the age of aging.However,the Civil Code makes a slightly weak provision on the habitation right system through six provisions,and through the analysis and sorting of the dispute cases related to the habitation right,the author finds that there are many problems in the judicial system of the habitation right,so the legislative theory and the application of law need to be further explained and improved.Therefore,the author studies the following four interlocking parts,so as to discuss the legal improvement path of the habitation right system:First of all,in order to better introduce the right of habitation,the author analyzes the current legal provisions of the right of habitation and carries on the value orientation in the second chapter.Secondly,in the third chapter,the author retrieved and analyzed civil cases caused by habitation disputes in China judicial documents network,formed related data charts,and concluded that Chinese habitation disputes mainly occurred between parties with specific kinship relations,which further provided support for the view that Chinese habitation rights should be based on social habitation rights.Thirdly,in the forth chapter,by reading relevant literature and consulting relevant data,the main causes of the above four problems are analyzed.Finally,combined with the investigation of the legislative style and system design of the two major legal systems inherited from the habitation right system of the main countries,in the reflection of our system and at the same time to the main problems raised above put forward some suggestions to improve.As a newborn of civil law system,it is normal that the habitation right system has some imperfections,but it is important to improve its application through social practice and theoretical exploration,in order to maximize the realization of its institutional value of protecting the residential rights and interests of social vulnerable groups,and give it endless vitality.