On the Realistic Dilemma of the Residence Right System and Suggestions for Improvement
In order to protect the core interests of residence right holders and adapt to the new situation of the development of China's housing groups,China's Civil Code has added a new system of resi-dence right,which is not only a due meaning of reducing the burden of children's old-age pension for parents,but also an inevitable requirement of responding to the interests of the disadvantaged groups,and it can also play a role in promoting the co-ordination of the development of the ownership,mar-riage and family systems.To a certain extent,the establishment of the residence right can increase the utilisation rate of housing and make a difference in addressing the problem of an ageing society and protecting the legitimate rights and interests of the party to a marriage who faces difficulties in making ends meet as a result of divorce.Although residence right is designed to overcome the housing difficul-ties of specific groups,in practice it still faces the problems of ambiguous boundaries of the object of the right and too narrow scope of beneficiary subjects.This paper makes an analysis of the basic norms of residence right,the current difficulties in practice,draws on the relevant legislative experi-ence of overseas countries on the residence right and then puts forward suggestions for the improve-ment of the application of the residence right.
国家科技期刊平台
NSTL
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