论居住权制度的现实困境与完善建议

On the Realistic Dilemma of the Residence Right System and Suggestions for Improvement

为保障居住权利人的核心利益,适应我国住房群体发展的新形势,我国《民法典》新增居住权制度,这既是减轻子女养老负担的应有之义,也是回应弱势群体利益诉求的必然要求,还能起到促进所有权、婚姻家庭等制度的协调发展。设立居住权在一定程度上可以提升房屋的利用率,在应对社会老龄化问题、保护婚姻关系中因离婚面临生活困难一方的合法权益等方面有所作为。尽管从制度设计上,居住权即为解决特定群体的居住困境,但在实践中仍面临权利客体界限存在模糊、受益主体范围过于狭窄等问题。本文通过梳理居住权的基本规范,分析当前在实践中的困境,借鉴域外国家对于居住权的相关立法经验,进而提出居住权适用的完善建议。

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 residence 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,marriage 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 difficulties 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 experience of overseas countries on the residence right and then puts forward suggestions for the improvement of the application of the residence right.