Improvement of Chinese Residence System in Terms of Household Registration Reform——Based on the Differences Between Domicile and Habitual Residence

Domicile and habitual residence,two of the most important constituents of Chinese Residence system,have some defects in theory and practice. First,The General Principles of Civil Law defines the domicile as a registered permanent residence and the change of the residence must be based on the registration of household,resulting in the fact those who leave their registered permanent residence for a long time without registration or who come from foreign countries are unable to have a legal domicile. Second,how to identify habitual residence,which used to be connected with one's temporary residence permit,with the development of residence permit,should definitely be modified. Therefore,in order to improve Chinese residence system,we should start from the correct definitions of domicile and habitual residence and their constitutive requirements,and with there form of household registration system and the spread of residence permit,we should also explore what roles they will play in the recognition of subject and object constitutive requirements.