Discussing The Daily Household Matter Authority

It is known to all that family is the most basic social unit and economic unit, the couple relation is the basic ethical relation in society. The daily household matters authority is an important system 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 35,000 words altogether. The first part defines the daily household matters authority, and this part is a foundation of the full paper. Author expounds the meaning and origin of daily household matters authority, clarifies the significance of daily household matters authority.The second part discusses nature of daily household matters authority. Firstly author lists a variety of theories of daily household matters authority. Then, after analysis all these theories, author points out that daily household matters authority is a kind of statutory authority. Further, on the basic of clearing the nature of daily household matters authority, author discusses a problem that daily household matters authority belongs to status or property validity of couple relation.The third part is the comparative study of daily household matters authority. Take the legislation of French, Switzerland, Germany, Japan, England, American and Taiwan for example, author analysis the application scope, wielding, form and effect of daily household matters authority in order to offer academic foundation for the amendment and consummation of China's legislation.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.