Justification of Income Power of the Right of Residence Abstract

Abstract

366 of the Chinese Civil Code stipulates that “the occupant has the right to enjoy the usufruct right of posses - sion and use of other people’s houses in accordance with the contract, so as to meet the needs of living .” Ac - cording to this, our legislation only limits the right of residence to occupy and use, and the inhabitant’s right to usufruct can be excluded.However, at this stage, the author thinks that the right of habitation legislation system with only possession and right of use can not meet the urgent practical needs, and in practice, it is of - ten not suitable to the law.Therefore, it is very necessary to discuss the usufruct of the right of residence from the aspects of the nature of the right, legislative purpose, theoretical basis and practical needs, deepen the the- oretical research on the usufruct of the right of residence, improve the legislation of the usufruct of the right of residence, so as to better promote the circulation and appreciation of property, so as to achieve the needs of living.