论居住权制度-民商法学专业论文.docx

Abstract As a system marked the beginning of residence in the ancient Roman law system, with the development and social progress, highlights its strong vitality. By the impact of Roman law, Germany, France and most other civil law countries are set in the Civil Code in residence system, the United Kingdom, the United States and other common law countries also established a residence system through the case. In China, the residence was once written Property Law (Draft), so that residence of a system of legislative struggle to rise from the theory a practical level, the final property law is not a place to stay to the residence system. But the system set up residence in our country is necessary and feasible. Protection of divorced women, the elderly and other vulnerable groups need tenure system to protect the interests of people using various forms of housing tenure system requirements need to be objective norms, improve the system of usufruct tenure system is also strongly urged to join these have reflected the need to establish residency system. Meanwhile, our more mature research results on the residence system for the residence of a system of providing a good theoretical basis, the real world in a lot of relevant social practice and judicial practice residency system set up to provide a solid social basis, combined with a wealth of foreign legislation on residence experience to draw on these for the residence of a system of providing a full feasibility. Legislative style, China should establish a core of property law, family law and inheritance law as a supplement, especially in the Combination of multi-residence system. Specific system design, should adhere to the poor the weak, those who take care of housing problems, taking into account relevant human rights on an equitable basis, considering the multiple functions of Chinas residence and the reality of social housing in the special historical situation, from the residence to obtain content , loss and other a