曾在《物权法草案(征求意见稿)》中专章规定的居住权制度让人兴奋一时,然而,我国现行的《物权法》最终却没有采纳这一制度。居住权制度设计之初衷,在于物尽其用,保护弱者的利益,是一项“所有人准许他人在自己的房屋上依照物权法的规则进行合法使用的一项法律制度。”[1](P223)可以说,民法典的出台是指日可待的,然而纵观当下较为主流的学术论点,居住权这一制度进入未来的“民法典”前景却略显渺茫。 However, the current “Real Right Law” in our country did not adopt this system in the end. The original intention of the design of the residency system was to make the best use of the interests of the weak and to protect the interests of the weak and to be a “system of law by which all people allowed others to use their houses in accordance with the rules of the law of property”. [1] (P223) It can be said that the introduction of a civil code is just around the corner. However, looking at the more mainstream academic arguments nowadays, the “civil code” prospect of the right to housing into the future is somewhat slim.