论居住权制度路径研究
Research on the Path of Residential Right System

居住权，最早起源于古罗马时期所产生的权利制度，2020年《中华人民共和国民法典》(以下简称“民法典”)首次颁布发行后，将居住权纳入了我国法律之中，居住权的加入，既是我国正在面临一些社会化问题，比如人口老龄化、生育率下降等问题解决的有效填充，又是在我国人民最为关注的房地产行业，住房保障等方面的强力保障。本文从居住权的基本概念方面进行阐述。本文分为三个部分，第一个部分为居住权的基本内涵，第二部分为居住权与所有权、抵押权的平衡等关联性问题研究，第三部分为目前居住权所存在的问题及优化路径。
The right of residence originated from the right system produced in ancient Rome. After the Civil Code of the People’s Republic of China (hereinafter referred to as the Civil Code) was first promulgated and issued in 2020, the right of residence was incorporated into the laws of our country. The addition of the right of residence is an effective fill in solving problems such as the aging of the population and the decline of fertility. It is also a strong guarantee in the real estate industry and housing security that our people are most concerned about. This paper expounds the basic concept of residence right. This paper is divided into three parts. The first part is the basic connotation of the right of residence, the second part is the research on the relationship between the right of residence and the balance of ownership and mortgage, and the third part is the existing problems and optimization path of the right of residence.