Comparative Study On The Function And Value Of Family Agency Right System

The family agency right is that either husband or wife can do legal actions without the spouse’s authorization, but the couple should assume the joint liability. It had been established in Chinese ancient times, also can be found in two western law families. However, the family agency right has not yet been established in China. It is solely found in the regulation of the Supreme Court of the People’s Republic of China. It is detailed in the 17 th article, i.e, The couple should have the equal rights to dispose their shared property in the regular life. With the development of commerce economy and the accumulation of family possessions, it is urgent to make family agency right system to balance the needs of family daily life and trade order.The specific content of a legal system is determined by the function and value given by the lawmakers. Meanwhile, the function and value of a legal system depends on the particular social conditions and related regulations of the legal system. The longitudinal development of family agency right in China and two western law families illustrates the law. Given that the clan was the core in ancient China, the function and value of family agency right was to be convenient to family life, maintain patriarchal authority and the social order, as well as transaction efficiency. So, it is widely used expect father’s right. Family agency right of civil law family which stems from the special property system of the Roman law is endowed with the function of maintaining the transaction order. Consequently, the limitations are less, external validity is guaranteed. By contrast, family agency right of the common law family which bases on Germanic customary law is strictly confined to family daily life and associated with the obligation of supporting. It regards community and taking care of women and children as main values.By comparison, it is obvious to find that the conflicts between transaction security and the needs of family life, the right of dispose property and taking caring of the vulnerable party are constant. How to deal with these conflicts depends on the specific social conditions. In this paper, I will argue that if we establish family agency right system, two principles are essential.one is the functions of the convenience of family life, equal status between the couple, reducing marital conflicts as well as balancing transaction security and self-deciding. Another is the values of efficiency, equality, justice,security and freedom.