At present, there is a contradiction between the imperfect social guarantee mechanism and the poor people in terms of the harmony required by the principle reform and practice of residence in China. Therefore, the state and the government should introduce relevant policies as soon as possible in the change of residence principle to ensure that divorced women enjoy the right to life and residence in accordance with the law.
（1） It advocates the establishment of the principle of legal "residence right".
1. Establish the traditional moral foundation of "residence right". The source of the "right of residence" in the marriage and family law comes from the moral concept of family members supporting and caring for each other and the theory of property ownership. In marriage and family, the childcare of minors by adults, mutual support and care between spouses, and living together are the requirements of family morality. At the time of divorce, the party who has no calendar of days can be asked to be taken care of in the industrial division, and also have the right to ask the other party to provide daily fees, including accommodation, which are the manifestation of family morality in the civil code.
The "right of residence" during marriage is also the expression of this moral concept in law. In addition, when the husband and wife get married, the man let the woman live in their married residence, which is to give the woman the right to live and use clearly through the action, and to restrict the ownership of their house. In this way, the woman also has the right of possession and use, that is, the right of residence. That is, by activating the difference between ownership and possession in the traditional civil law, the divorced women's right of possession and use of the married residence is guaranteed, and then the women's legal rights and interests are guaranteed.
2. Establish the guiding ideology of "residence right". The establishment of the principle of "residence right" is to respect the previous history and practice of the uneven enjoyment of residence resources between men and women in China, and to pay attention to the protection of the residence right of women who have difficulties in residence during divorce, so as to ensure that women do not lose their fundamental residence right while enjoying the right to freedom in divorce.
This is completely consistent with the starting point and spiritual essence of the right of habitation - respect and guarantee the fundamental right of residence of people, respect the house as the object of the law and serve the "people" as the subject of the law. In the construction of socialist rule of law in China, the establishment of residence right legislation is not only the requirement of ensuring citizens' residence right in China, but also the way to complete the residence right of divorced women.
3. Establish specific provisions for "residence right". "Residence right" can be temporary residence right or long-term residence right according to specific conditions. With regard to the party who has the ability to work but does not have children for the time being, the right of residence should be short-term, generally two years; As for the party who has labor ability to raise children and has difficulties in life, if its income is not enough to rent a house or buy a house, the right of residence can be suspended for a long time until it has a house to live in, remarries or has children. With regard to the elderly, disabled, incompetent, and difficult living without a house, the response should be that the party should stop living until remarriage or death. The right of residence cannot be inherited or disposed of. When the living party has other residences, the original house owner has the right to take back the residence after remarriage or death.

（2） Specific measures to protect the right of residence of divorced women in judicial practice.
Because China's laws and regulations on the right of residence of divorced women are relatively abstract, in judicial practice, the Supreme Court should take into account such factors as childcare, women's personal safety, income, and the ability to rent another residence, and actively deal with them according to existing laws and principles. The following methods can be used:
1. Strengthen the discussion on the property rights of husband and wife's house under the principle of housing reform and commercial housing as the main body, and accurately define the husband and wife's joint industry and premarital personal property. China's current real estate methods are increasingly diversified, including self-built houses, welfare houses (including housing reform houses, rental houses), commercial houses (including mortgage houses) and other types of house property rights. When hearing divorce cases, we should first and accurately define whether it belongs to the husband and wife's joint industry or a personal industry.
The boundary time should not only be summarized and analyzed from the aspects of the time, method, contribution and registration of the house ownership, but also take full account of the vulnerable position of women in the distribution of residence and make a fair and reasonable judgment, which is also a condition for protecting the property rights of divorced women.
2. Real estate cutting method belonging to the joint industry of husband and wife.
(1) Distance living cutting method. When the living conditions at both ends are relatively difficult, the "welfare house" with cutting conditions can choose the distance living method and the treatment method of separating the shared house from living, which can protect the rights of the women who have no residence in the unit. If the woman cannot live in peace because of the disturbance of the man, she shall be ordered to move out and protect the woman's right to live. If the unit has conditions and both men and women agree, the unit can replace the original larger residence with two smaller ones, which is more conducive to their future life.
(2) Coordinate the interests of the property unit and cut the house to the employees of the sales unit. The principle of protecting the rights and interests of women and children should not be violated when applying the principle of balancing the interests of the property unit. When selecting this principle, the economic interests and practical difficulties of the woman should be fully considered. In appropriate cases, the right of residence for a certain period of time can be considered for the woman.
(3) Pricing compensation method. In selecting this method, the first step is to evaluate and confirm the property value based on the market price. Because the sale price of the house purchased by the couple according to the welfare policy is mostly the cost price, and the value-added factor of the house itself may make the value of the house at the time of divorce far higher than the market price at the time of purchase.
If the value of the house is not confirmed according to the market price at the time of cutting, the other party will not get the corresponding compensation and cannot purchase the house from scratch, which may lead to the least loss of its right to live, which is extremely unfair to the other party. After confirming the market point evaluation, the house can be discounted according to the appraisal situation and practical needs. In combination with the economic talents of both sides, the house can be confirmed to the woman without living conditions as much as possible, and the woman will compensate the man half of the price. If the woman is unable to pay the price, the man shall compensate the woman half of the price according to the market price.
(5) Bid cutting method. If both husband and wife want to share the residence and the economic conditions are excellent, and both are willing to deal with it by bidding, the bidding cutting method can also be used. The bidding must be conducted on the basis of the actual value of the house. The two sides can negotiate on their own or confirm the benchmark price of the house through comments. Then the two sides will bid, and the highest bidder will be the winner. This treatment not only protects the legitimate rights and interests of women, but also can be accepted by men.
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