Research On The System Of Husband And Wife’s Family Affairs Agency

The family agency system is a special agency system,which is different from the legal agency based on the existence of the relationship between husband and wife,and different from the general entrusted agency in family affairs.It is a special agency similar to the apparent agency.The system is for the needs of daily life of the family,in the scope of daily life,one of the husband and wife and a third party to carry out civil legal acts,the legal effect of the husband and wife applies to both sides.The conjugal family agency system can effectively balance the rights and obligations of one spouse and the counterpart,but the author thinks that the focus should be on protecting the legitimate rights and interests of the other spouse from illegal infringement within a reasonable range.According to the Civil Code of the People’s Republic of China,China has established the husband and wife family agency system.Although the marital family agency system is expressly stipulated in China,the regulation is vague and needs to be further refined to be better applied.Otherwise,different judgments in the same case may occur because the judge has too much discretion.Based on the analysis of the current situation of the domestic family agency system,combined with China’s national conditions,attention to the study of domestic and foreign literature,the scope of the family agency system,the way of exercise and restrictions,the burden of proof of debt disputes during the existence of the relationship between husband and wife,and other aspects of the discussion,to standardize the application of the husband and wife family agency system put forward some ideas.In this paper,by raising questions,analyzing problems and solving problems,first of all,the concept and nature of the husband and wife family agency system are analyzed.By comparing the similarities and differences of the family agency system at home and abroad,the husband and wife family agency system is analyzed.Secondly,through the anatomy of typical cases,it analyzes the problems existing in China’s husband and wife family agency system.Thirdly,the empirical analysis method is used to further analyze the scope,special exceptions,the way of exercising and the burden of proof of the couples’ daily family affairs agency behavior.Through the actual visit to Beijing Xicheng District,Nanjing Jiangning District,Suqian Sucheng District three typical urban areas with different economic levels,the author interviewed the court judges,lawyers and other legal workers,to discuss the specific application of the husband and wife family agency system in the judicial practice.The purpose of the conjugal family agency system is to balance the interests of the husband and wife and the relative person.In judicial practice,the situation is more complicated.In the application of this system,we should pay attention to the balance of interests of various aspects,weaken the conflict between laws and articles,and maintain the unity of the application of the civil code.