A Study On The System Of Family Members' Rights In China

The daily chores proxy system originated chores appointment system in ancient Rome,gradually accepted by many countries and become an important system to standardize the conjugal in the traditional relative law.With the development of market economy in our country,frequent civil trading,spouses deal with the third party become more and more common.How to balance the interests of both parties,protect the lawful rights of the parties,this is the important reason that we start thinking about the daily chores proxy system.Our current "marriage law" is lacking in the stipulation of the daily chores proxy system.This paper aims to put forward suitable for our country’s design about the daily chores proxy,after a detailed discussion on the daily chores proxy.In this paper,"the daily chores proxy"as the topic,thesis consists of five parts altogether.The first chapter is basic theory of the daily chores proxy.Mainly on the origin of the daily chores proxy,concept,characteristics,elements,functions,elaborates the problems such as the difference between the daily chores proxy and general proxy.The second chapter to the defects of the system about the daily chores proxy in our country.Based on the current relevant legislation and cases in our country,put forward the insufficient of current legislative situation.Detail discussed the problems about defects in concrete system and the judge’s discretion with experience in our country’s daily chores proxy.The third chapter to foreign legislation and Revelations of the daily chores proxy system.Mainly introduced Germany,French, Swiss, Japan,Britain,the United States about the legislation of guardianship system,and concludes the revelation of foreign daily chores proxy system.The fourth chapter consummates our country the necessity of the daily chores proxy.Pointed out that it helps to promote the systematic construction of marriage and family law in our country,to make up for the shortcomings of the current property system in our country,conducive to protect the interests of the spouse and the third party, advantageous to the maintenance of transaction safety and efficiency,beneficial to balance the relationship between husband and wife,finally achieve the purpose that promoting the harmonious development of society and family.The fifth chapter for the perfection of the daily chores proxy in China.This part is the key paragraphs of article,this chapter on the basis of above four parts research,proposed our country should be defined the daily chores proxy in the"marriage law",and design future legislation about determine the scope of the daily chores proxy,exercise principle,the exercise of effectiveness,right to limit and eliminate.Involving the daily chores proxy’s disputes in judicial practice are gradually increasing,the paper also discussed before and after defined the daily chores proxy system,we should standardize and restrict the discretion of the judge.And finally discussed at the three situations about couples separated how to use the daily chores proxy.