《民法典》视域下居住权制度的探究与反思

Exploration and Reflection on the Residence Rights System from the Perspective of the Civil Code

《民法典》创设居住权制度,旨在保障特定群体的住房和生活需求,提高我国房屋的利用效益。然而,作为一项全新制度,公民对居住权的了解和实践仍需时间,其中存在主体范围模糊、设立方式简单、消灭事由单一等法律困境。当前居住权条文过于粗放,仅有六条基础框架,无法从根本上解决司法实践中的问题。因此,需要从立法的角度补充权利人主体范围、明确设立方式、权利义务内容和消灭事由等方面的规范,以解决模糊和权利适用不足等问题。The Civil Code created a system of residence rights, aiming to protect the housing and living needs of specific groups and improve the efficiency of housing use in China. However, as a new system, it still takes time for citizens to understand and practice the right of residence, and there are legal dilemmas, such as vague scope of subjects, simple establishment methods, and single reasons for elimination. At present, the provisions on the right of residence are too extensive, with only six basic frameworks, which cannot fundamentally solve the problems in judicial practice. Therefore, it is necessary to supplement the norms on the scope of the right holder, the way of establishment, the content of rights and obligations, and the reasons for extinction from the perspective of legislation, so as to solve the problems of ambiguity and insufficient application of rights.