A Discussion On The Application Of The Daily Family Agency Rules For Couples

The system of daily domestic agency of couples is a bridge between the internal relationship of couples and the external transaction relationship,which is conducive to balancing the role of civil subjects between the spousal relationship and the identity of the transaction,and the system has alleviated the awkward situation of having to be personally involved in the external relationship of couples,and broken the barrier of insecure and insufficient transactions.The Civil Code of the People's Republic of China(hereinafter referred to as "the Civil Code")responds to the needs of society by introducing the system of daily domestic agency of spouses into the system of marriage and family in China.However,there are still design flaws in the legislation regarding the criteria for defining the scope of daily domestic agency and the criteria for judging acts beyond daily domestic agency.It is also undeniable that these problems have led to a lack of uniform standards for adjudication of similar cases in judicial practice.The system of daily family representation established by the Civil Code combines the two institutional values of facilitating the family life of spouses and protecting the security of civil transactions,but there is still some room for refinement of the provisions of the system.First of all,the Civil Code defines the standard of "daily family affairs" as "daily family needs",and in the new era,the Civil Code takes the view that whether spousal debts arising from,for example,online live bounties or high children's study expenses belong to this category.Secondly,the Civil Code is not clear about the effect of acts beyond the scope of daily family agency,what are the acts beyond the right and the effect of acts beyond the right,these issues also need to be clarified by legislation for judicial practice.Finally,taking into account the current legislative provisions and the current status of the rules of adjudication,the scientific and reasonable overseas legislative models that are in line with China's national conditions,and exploring the views and opinions of scholars' academic research and summarizing the experience of judicial practice,the above-mentioned legislative design flaws with blurred boundaries are proposed for improvement,in an attempt to explore a clearer model for improving the system of daily domestic agency of spouses.In China,the steady progress of social transaction order and the harmonious development of family life are the focus of legislation,and the development and improvement of the system of spousal family agency is a long way to go,which not only requires legislative experts to repair the incomplete defects of the system but also requires judges to be good at applying legal provisions,summarizing practical situations and applying discretionary power in judicial practice.