On The Daily Household Agency System Of Husband And Wife In China

On January 17,2018,the Supreme People's Court issued the "Interpretation of Issues Concerning the Application of Law in the Trial of Cases Concerning Disputes over Husband and Wife Debtors.”(Hereinafter called “interpretation”)A high-profile law named the Marriage Law welcomes the judicial interpretation of article 24,in order to make clear provisions on the controversial issue of conjugal joint debt recognition in the current judicial practice,at the same time,the responsibility of proving evidence has been allocated reasonably,balancing the legitimate rights and interests of all parties.Looking at the history of foreign development,the key to solving the current common practice debt determination is to establish the agency system of daily family,confirming the daily range of family matters.Therefore,the author believes that it is necessary to research and discuss how to improve the agency system of daily family in China.The agency system of daily family means that in the range of daily housework,one party has the right to represent the other party and the third person as certain civil acts,and the basic system of mutual enjoyment of rights and burdens and non-consequential consequences for both parties.In the history of the couple,the daily family agency rights of the couple belonged to the rights of the citizens in the legal system of the relatives.It originated in Rome's family appointment system.In the process of social development and the struggle for women's rights,the agency rights of daily family affairs have also changed greatly.From the beginning of the function is the wife can have the right to the agency,and the development is to the back of the husband and wife both have the agency right.From the beginning of the function is the wife can have the right to the agency,and the development is to the back of the husband and wife both have the agency right.Therefore,"daily housekeeping agency" is particularly important.In order to meet the needs ofdevelopment,many countries and regions have gradually established a daily family agency system.After the founding of New China,many of our country's laws on marriage and family clarified and secured the static attribution of matrimonial property,while the emphasis on the dynamic circulation of the matrimonial property was insufficient.Even if the interpretation of the relevant issues of the "Marriage Law of the People's Republic of China" issued by the Supreme People's Court in 2001(1)(hereinafter referred to as "Judicial Interpretation of the Marriage Law(1)"),there are relevant emphases in this interpretation.However,because this clause is too abstract,it still cannot give a comprehensive legal basis for the current practice community to deal with the joint debt of the couple.When drafting the civil code,the legislative perfection of relatives' compilation was put on the agenda.Based on the predecessors' research results,the paper analyzes and explores the daily family agency system,proposes its legislative proposals,and contributes to the improvement of the law of the family code of the Civil Code.