| The Chinese families are passing by an extensive and profound transition. With the deflection from the Father-Son-Axis, the Chinese couple relationship is undertaking countless vibration and pains, too. Facing the practical lives, this problem involves everyone's subsistence and soul, thus the study on it may be very valuable and practical. Among all the rights, the agency right of daily family affairs is one of the most important, related to the right and obligation between the couple. The basic point of it is to found a suitable system legally in China to protect the life and property between the couples and the benefits of kind, unpremeditated third person who has settled the fortune relationship with the couples. How China set up a house-affair attorney system which can both meet the international and national situations will be worthy to be studied for experts, scholars, employees of judicature and the public, especially the people who are in charge of legislation.This thesis does not state the related concept and content of the agency right of house affairs, but to state it from the other side, that is, the range limited by the Chinese law, for as long as we know it, we can take better advantage of the right given by the law. In the first part of this thesis, the limitation of the couple's daily house-affair attorney right are studied and it has clearly stated that the right originated from the"house-affair appointment"in the Constitution of Old Rome and is carried on by the early capitalistic theory. The main part of the right developed from the early period during which the wife was entrusted by the husband to deal with the right to the period when the couple both can deal with it and the thesis also stated the reason why so many changes are caused is that the development of economy and the arising of the movement for women's right. The necessity of setting the right of sharing house affairs between the couple is analyzed as well: 1. Sharing the daily house affairs representative right between the couple is the law's requirement for the couple's joint life. 2. The foundation of sharing the daily house affairs representative right between the couple conforms to the real willingness and joint benefits between the wife and husband. 3. Sharing the daily house affairs representative right between the couple is an important measure to safeguard the property trade and daily life. 4. The system of the daily house affairs representative right between the couple is beneficial to patch up the legal shortcomings of the property relationship between the husband and wife.As for the second part of this thesis, it analyses the limitation and reasons of the possible existence of the daily house affairs representative right in three periods, that is, the cohabitation period before wedding, the period during wedding and the separation after wedding. During the three periods, there is no doubt that the daily house affairs representative right exists during the wedding, however, in the other two periods, there exist different opinions on it. 1. As for the cohabitant period before wedding, because of the different bases of continental law system and British-American law system, there are different rules towards it. According to the continental law, during this period, there is no existence of the daily house affairs representative right between the couple, while according to the British-American law, the daily house affairs representative right between the couple exists. Now it's time to talk about Chinese law. Based on the legally theory, Chinese law belongs to the continental law system, so the daily house affairs representative right between the couple must be carried out after wedding. However, according to the different situations in practice, the rule may be flexible. If the cohabitants have the facts of marriage, it should identify the right and obligation according to the marriage law. 2. As for the separation after wedding, it is considered that there is no existence of the daily house affairs representative right between the couple. Firstly, the prerequisite of the daily house affairs representative right is that the right's agent and bailer must be the husband and wife legally. Secondly, based on the quality of the right, it is not suitable to exist the daily house affairs representative right between the couple. Finally, during the separation, the wife or the husband is not willing to share all the house affairs; and objectively, each indeed has not shared them. 3. What we should pay attention to is that though the couple don't have the daily house affairs representative right, it couldn't be the excuse for resisting the unpremeditated third person. And the benefits or debts that brought by either of the couple should be further studied and paid much more attention.There is no explicit stipulation about the scope of daily family work in our legislation. At present, existing two major points: One is the narrow sense said that, thinking that the scope of daily family work power of attorney restricted in the basic necessities of life. The other is general said, thinking that the scope may expand to the real estate,the payment of divorcement and court cost. The third part directly carried on the limit to the daily house-affair arrange, according to our country, The situation that does not belong to the daily house-affair including: 1.Handing big amount of community property,such as real estate and stock transaction. 2. The affairs only relating to personal live, such as being personal character civil legal act and contract behavior. 3. The behavior being engaged in production management. 4. Supporting or adopting children.Any authority can not be willfully, the daily family work power of attorney also has the limit: 1. Both the husband and wife have the duty of paying attention to each other.2.The third person must be good intentions.3.Requesting necessary laws and regulations.4.The corresponding relief way. Once exceeding or abusing the authority, there will have two kind of legal consequences: one is authorized to act and the other is no right to act.Finally, proposed some suggestions about daily house-affair power of attorney system in legislation: 1.The daily family affair power of attorney should stipulate in husband and wife's rights and obligations. 2. It is better to summary the scope of daily family work power of attorney.3. Both the couple have the power of attorney and undertake the joint and several liability. 4. Both the husband and wife should pay more attention on the affairs when exercises the daily house-affair k power of attorney, cannot abuse the power of attorney. 5. The couple should take on the responsibility when the third one of good intentions and does not know the abuse of power.In summary, because the daily house-affair power of attorney relates to the effective marriage system, the community property system and apparent authority system closing, thus we cannot design its simply. In order to construction socialism harmonious society, the family harmony appears more valuable. The legislates should give specific and rigorous stipulation to the daily family work power of attorney main body, exercising time, the authority in the field as well as exceeds authority time aspects to protect the third person's interests. It can be said that, the family that constitute by husbands and wives is the cell of the society, only displaying the family's function fully and active the cell vigor can we achieve he final goal of constructing the socialism harmonious society.
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