Research On The Problems Of Daily Family Agency System

In January 2018,the Supreme People’s Court issued the interpretation on the application of laws in the trial of cases involving marital debt disputes.The theoretical basis of the second article of the interpretation is daily household agency.The legal concept of daily family affairs agency as a relatively professional one has not appeared for a long time in China.Although there are many academic discussions on this topic,due to the lack of legislative provisions,and the judicial interpretation of the Supreme People’s court has different provisions under different background requirements in different periods,and the provisions are relatively vague and abstract,which leads to the fact that the judicial practice department judges have different opinions on daily family affairs and daily family affairs agency power Understanding is not the same.There are a lot of confusion in the recognition of such husband and wife’s joint debt.After the promulgation of the civil code of the people’s Republic of China,although it has made provisions on the daily household agency,there are still some problems such as vague and abstract provisions,and the daily household agency system in China is still imperfect.This paper mainly discusses and studies how to build a perfect daily household agent system.The first chapter is the basic part of the whole paper.By defining the concept of the daily family affairs agency right and clarifying the main differences,the author analyzes and summarizes the value of the daily family affairs agency system,puts forward the legislative status quo of the current legislative lag and the abstract judicial interpretation in China,and points out that this legislative status leads to the different recognition standards and disputes of the daily family affairs agency in the judicial practice Big questions lead to the theme of this paper.In the second chapter,from the practical point of view,the author makes a statistical analysis of the judicial practice in Yunnan Province,and concludes that the scope of "family daily life needs" is expanded and the burden of proof and the standard of proof are not the same.The emergence of this judicial dilemma is precisely due to the imperfection of the daily family affairs agency system and regulations.In the third chapter,according to the above problems,the author analyzes the necessity of improving the daily family affairs agency system from the perspective of standardizing the judicial judgment,improving the recognition rules of husband and wife’s debt,and maintaining the transaction security.The fourth chapter is the core content of this paper.Focusing on the empirical conclusions and judicial dilemmas,it puts forward to improve the daily household agency system in China from two aspects: clarifying the scope of daily household affairs and the division of the burden of proof of daily household agency debt.In the aspect of defining the scope of daily household affairs,while adopting the principle provisions,the article enumerates the types of household consumption of urban residents in China.In order to avoid the abuse of family affairs agency power,the loan not in the name of family life and the large loan in the name of family life,one party’s external guarantee and operation are excluded from the scope of daily family affairs agency power.In the distribution of the burden of proof,the creditor should prove that the relationship between the creditor’s rights and the debt is true and the debt is in line with the family’s daily life scope generally considered by the local government.If a spouse who has not borrowed money claims to be exempted from joint and several liability,he shall bear the burden of proof for the extent that the debt is not actually used in the daily life of the family or exceeds the needs of the daily life of the family.