Research On The Improvement Of The Residence Right System

The right of residence refers to the usufruct of possession and use of others’ houses.As an ancient right system,it has played an important role in stabilizing social order and ensuring residence since its birth.However,due to the relatively general provisions on residency rights and the overly simple content setting,it is difficult to solve various complex situations in real life.The practical dilemma of unclear ownership of rural residential properties and the imperfect real estate registration system in rural areas have led to difficulties in the application of residential rights in rural residential areas.The current law does not explicitly stipulate the content of the rights enjoyed by the right to reside,but only generalizes them broadly using the two rights of "possession" and "use",resulting in a lack of specific and clear scope of the rights of residents.In addition,strict restrictions are imposed on the disposal rights of residents.With the development of the economy,the increasingly tense relationship between housing supply and demand,and the two major practical difficulties of elderly care in the era of aging population,social residency rights will not only ensure social housing but also increase social demand.However,their role on the supply side is relatively small,and they are also slightly powerless in solving elderly care problems.This article analyzes and sorts out the current regulations on residential rights,taking into account the two functions of urban and rural areas,social security and economic investment,and the two main parties of residential rights and owners.Finally,based on this,suggestions are proposed to improve the residential rights system.The specific content of the main part is as follows:Chapter 1 elaborates on the basic theory of residency rights.Firstly,the two key elements of "residence" and "use" in the right to reside will be conceptually defined,and then the definition of the right to reside will be summarized in the discussions of many scholars.Secondly,compare the right of abode with similar concepts,clarify the differences between the right of abode and other concepts,and avoid confusion between concepts.Finally,from the perspective of the functions played by the right to reside,it should be divided into social security functions and economic value functions,and the two should be unified in the right to reside system.Chapter 2 analyzes the main existing problems of China’s residential rights system.From the perspective of ensuring the social value of residence,the existing residence right system is easy to apply to residential properties on state-owned land in urban areas.However,due to the unclear standards for confirming ownership and the imperfect real estate registration system in rural residential areas,it seriously affects the applicability of this system to rural residential properties.From the perspective of unleashing economic value,the existing legal system does not clearly stipulate investment based residency rights,resulting in a single social residency right being unable to solve the imbalance between housing supply and demand and the practical needs of diversified housing utilization.From the perspective of the rights and interests of residents,the current residential rights system has relatively vague provisions on "possession and use",but the specific content of the rights is not clear,and there are also certain restrictions on the disposal rights of residents.In addition,after the expropriation of collectively owned land in rural areas,the right to compensation for the expropriation of rural residential residents is also unclear.Chapter 3 proposes and discusses suggestions for improving China’s residential rights system.To achieve the smooth application of residential rights in rural residential areas,it is necessary to clarify the standards for confirming rural residential ownership and improve the existing real estate registration system.Before the real estate registration system is improved,temporary alternative measures that can clarify ownership need to be developed;In order to ensure that residents can better exercise their rights,the content of their rights should be enriched,allowing residents to transfer their residency rights and the right of first refusal to purchase the objects of residency rights under certain conditions,and clarifying the right of rural residential residents to compensation for expropriation;In order to alleviate the contradiction between housing supply and demand and respond to diverse needs such as elderly care in real life,investment residential rights have been added,defining the scope of the subject and object,and limiting the duration of investment residential rights.