9卷 第2期
School of Economics, Sungkyunkwan University, Seoul, 03063, Republic of Korea
纸质出版：2025-06-30
Scan QR Code
Jiayi Zhong. (2025). On the Improvement Measures of the Right of Habitation to Support the House-for-Pension Schemes in China. 老年法学（英文版）, 9(2), 23-28.
Zhong Jiayi.On the Improvement Measures of the Right of Habitation to Support the House-for-Pension Schemes in China[J].Elder Law,2025,09(02):23-28.
Jiayi Zhong. (2025). On the Improvement Measures of the Right of Habitation to Support the House-for-Pension Schemes in China. 老年法学（英文版）, 9(2), 23-28. DOI： 10.47297/wspelWSP2515-824405.20250902.
Zhong Jiayi.On the Improvement Measures of the Right of Habitation to Support the House-for-Pension Schemes in China[J].Elder Law,2025,09(02):23-28. DOI： 10.47297/wspelWSP2515-824405.20250902.
China is experiencing an intensifying demographic shift toward population ageing. Against this backdrop
The "house-for-pension" schemes have emerged as a vital component of the nation's multi-tiered elderly care strategy. The advancement of such schemes holds substantial significance for diversifying pension pathways
unlocking the latent value of existing housing assets
and improving the well-being of senior citizens. The newly codified right of habitation
introduced as a distinct usufructuary right under the Civil Code of the People's Republic of China
offers a promising institutional framework to address persistent challenges inherent in the house-for-pension models. This study examines the critical role played by the right of habitation in enabling and sustaining the house-for-pension mechanisms. It further identifies structural deficiencies within the current legal and policy regime and proposes a comprehensive set of reform recommendations
aiming to foster a more secure
adaptable
and inclusive the house-for-pension service ecosystem.
Zhou Nan , An Introduction to Roman Law (Vol . I) , The Commercial Press , 2004 , p. 406 .
Liang Huixing , Why I Oppose the Inclusion of a Right of Habitation , People's Court Daily , January 12 , 2005; Shen Weixing, Broadening Perspectives and Transforming Functions: Multiple Angles on the Necessity of Establishing a Right of Habitation in China , China Legal Science , No . 5 , 2005 .
Draft Property Law Omits Provisions on Right of Habitation , National People's Congress of the PRC , http://www.npc.gov.cn/ , September 12 , 2006.
Ma Qiang , A Comparative Study on Types of the Right of Habitation under the Civil Code , Chinese Journal of Applied Jurisprudence , No . 4 , 2022 .
See the explanatory statement delivered by Shen Chunyao , Director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress , on August 27 , 2018, at the First Plenary Meeting of the Fifth Session of the Thirteenth National People's Congress Standing Committee, concerning the bill for deliberation of the Draft Books of the Civil Code .
Shen Weixing & Yang Xu , How Should China's Civil Code Regulate the Right of Habitation? Journal of Comparative Law, No . 6 , 2019 .
Shen Weixing , Broadening Perspectives and Transforming Functions : Multiple Angles on the Necessity of Establishing a Right of Habitation in China , China Legal Science , No . 5 , 2005 .
Shen Weixing & Yang Xu , How Should China's Civil Code Regulate the Right of Habitation? Journal of Comparative Law, No . 6 , 2019 .
Fu Zitang & Fu Chengwei , On the Social Function of the Right of Habitation under the Civil Code , Journal of Gansu University of Political Science and Law , No . 1 , 2022 .
Liu Yuechun , The Historical Origins of the Right of Habitation and Its Legislative Implications , Modern Law Science , No . 6 , 2004 .
Bai Fei , Case Studies in Property Law , Law Press China , 2005 , p. 239 .
Chen Xinyong & Lan Dengjun , The Genealogy of the Right of Habitation and Rational Reflections on Its Codification , Science of Law (Journal of Northwest University of Political Science and Law) , No . 3 , 2003 .
Qian Mingxing , Several Issues Concerning the Inclusion of a Right of Habitation in China's Property Law , China Legal Science , No . 5 , 2001 .
Chen Huabin , Establishing a Right of Habitation Better Protects Vulnerable Groups , Procuratorate Daily , February 9 , 2004 , p. 3 .
In this regard , Professor Jiang Ping explicitly proposed the establishment of a right of habitation in China during the expert consultation meeting on the Draft Property Law held on May 28 , 2001 .
Wen Shiyang & Liao Huanguo , Personal Servitudes and Chinese Property Law , Contemporary Law Review , No . 5 , 2004 .
Wang Liming , Treatise on Property Law , China University of Political Science and Law Press , 2003 , p. 532 .
Article 42 of the Marriage Law provides: "If , at the time of divorce, either party has difficulties in life, the other party shall render appropriate assistance from his or her personal property like house, etc. Specific arrangements shall be agreed upon by both parties. In case no agreement is agreed upon, the people's court shall make a decision.Article" 27(Paragraph 3 )of the Interpretation No. I of the Supreme People's Court on Several Issues in the Application of Marriage Law of the People's Republic of China clarifies: "At the time of divorce, one party may help the party who has difficulties in life by offering the dwelling right to or ownership of the house out of his (her) personal properties."
Chen Yaodong & He Liqun , On the Establishment of a Right of Habitation System in China , Nankai Journal (Philosophy, Literature and Social Sciences Edition) , No . 2 , 2005 .
Qian Mingxing , Several Issues Concerning the Inclusion of a Right of Habitation in China's Property Law , China Legal Science , No . 5 , 2001 .
Related Articles
Related Author
Related Institution
京公网安备11010802024621