Study On The Daily Household Matters Authority

The daily household matters authority is a kind of special entrusted authority. It is an important system used to standardize the conjugal relation in the traditional relative law. Its meaning changes gradually with the changes of times. Modern daily household matters authority is the result of legal system flourishing and social progress and a new-type sign of conjugal relation. Therefore it is legislated to confirm by more countries. Although regulation of article 17 of "the Explanation of Marriage Law (1)" which is passed by the Supreme People's Court of our country on December 25, 2001 has not adopted the concept of the daily household matters authority, it has reflected the spirit of the daily household matters authority tentatively. This is a great break-through to the traditional marriage potency of our country, is the further perfection of the legal system of marriage and family of our country, and offers the legal basis for dealing carefully with dispute that happens because of couple's wielding co-property. Even so, it still has a lot of weak points. This paper carries on comparatively overall discussion and analysis of the daily household matters authority, legislates to give some suggestion in perfecting our law on using experience of other countries' advanced law according to current defect and deficiency. This paper is divided into four parts and has about 40,000 words altogether.The first part defines the daily household matters authority, and this part is a foundation of the full paper. Firstly, author expounds the meaning and nature of daily household matters authority, defines on daily household matters and the application scope of daily household matters authority, points out that we should distinguish daily household matters authority and great household matters authority, puts forward daily household matters authority is a kind of entrusted authority to prevailing " statutory authority saying".The Second part describes the wielding of the daily household matters authority. In order to instruct people how to exercise the daily household matters authority correctly, author analyzes on principle, subject, form and effect of the exercise of daily household matters authority in this part.The third part describes the restriction and elimination of the daily household matters authority. In order to safeguard the legitimate rights and interests of one party of the spouse, the law should stipulate that the daily household matters authority ofspouse's other party can be limited or eliminated under certain situation.The fourth part is the self-criticism to regulation of our country marriage law about the daily household matters authority, and this part is a focal point of this paper. On the foundation of analyzing of our country law on daily household matters authority, author proposes some suggestions of perfecting the legislation.