A Study on the Function of the Residency System under the Civil Code of China

The Civil Code of the People’s Republic of China (hereinafter referred to as the Civil Code) is China’s first basic civil law to clarify the residential right system, marking that the theoretical research on the residential right system is transiting from legislation to interpretation. In current theoretical studies and judicial practices, there are still many disputes on the interpretation and applicability of terms regarding residential right in the Civil Code. In fact, behind the disputes are differentiated understandings of the functional orientation of the residential right system. Accurately understanding the functionality of the residential right system is essential to the accurate application of laws and regulations regarding residential right. From the perspective of historical evolution, the functionality of the residential right system underwent a transition from traditional, single function of assistance to the function integrating assistance and usufruct. The evolution in the functionality of the residential right system is rooted in its diversified values in terms of the order, justice, freedom and benefits in modern society. It is for the purpose of dissolving the internal tension between diverse values that the residential right system shows the tendency of diversified evolution in terms of the functionality of the external system. The residential right system established by the Civil Code of China, on the one hand, inherit the traditional residential right system’s indemnification function in solving residential difficulties of certain family members and household service personnel, reflecting the mutual assistance relationship between family members and maintaining harmonious familial relations. On the other hand, as an integral part of the diversified housing security system that aims to “make homes affordable”, it has the function to support practices such as the “house-for-pension” scheme, re-housing of relocated residents, operation of the public housing system, and enhancement of housing utilization efficiency. Only under the precondition of comprehensively understanding the aforesaid diversified functions of the residential right system established by the Civil Code can we break prerequisite barriers for the interpretation and applicability of terms regarding residential right and eradicate disputes in theoretical research and practice.