Interest Measurement and Application Paths of the Residence Right System in China's Civil Code
The establishment of the right of abode system in China's Civil Code is a comparison and balance of its inherent interests.Through the investigation of the theory of interest measurement,this paper summarizes the theo-retical orientation of interest measurement in legal system and expounds the proper path of interest measurement in the system of residence right.To identify and choose the multiple interests in China's housing right system,the analysis paradigm is mainly divided into the interest measurement of system choice and the interest measurement of normative function.The former concerns whether the interest measurement of residence right should be established,while the latter focuses on the interest measurement of the functional orientation of residence right.By further expounding the conflict of interests behind the system,it is clear that the establishment of the residence right system can realize the living interests,practical interests and descriptive interests.The functional orientation of the residence right system is mainly based on the security residence right,supplemented by the circulating residence right,and the multiple life interests of different ranks are taken into account in the interest choice.
interest measurementresidency rightsTitle to Property in the Civil Codefunction of residency rightspersonal servitude