Research on the Theory and Practice of Residence Right System in Civil Code from the Perspective of Interpretive Theory

Abstract

The system of right of habitation is added in the real right part of the Civil Code, and new regulations on the right of habitation are made in the form of a special chapter in Chapter 14. The fresh coming out of this system has also brought scholars to its value function, the purpose of norms and system deficiencies of analysis and demonstration. Scholars put forward the shortcomings of the existing law of residence right system in civil Code from various aspects, and therefore put forward some relevant suggestions for improvement. In view of the background of the civil Code, it is not an appropriate and operable way to discuss the improvement of legislation, so it is of little significance. Therefore, from the perspective of interpretive theory, this paper analyzes the application of a series of legal interpretations after the existing right of residence has been codified. Under explained from the theory Angle of view to the residency series problems in the running process, enhance the initiative of the judicial referee and play to the guiding case of leading role of rule of law, the residency rules of judicial judgment logic clue at the same time, under the existing legal framework, for the right to create a better space for development and legal environment, also as "old according to seek a more convenient way of security.