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Legal Issues of Proxy Between Husband and Wife in Household Affairs

Author: XuZuo
Tutor: ZhangHuaGui
School: Southwest University of Political Science
Course: Legal
Keywords: husband and wife daily family agency marital relationship family agency joint and several liability the force of law
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract

Family day is the couple husband and wife relationship between the agent system to maintain a good healthy is an important legal system. In judicial practice, family agency must establish the system, in our usual life, all the time for the family of agent behavior, we can not leave it, leave it unable to move will make our lives, society will stagnate. And we must establish the family agency in the law system to allow us to walk better in life, a better life. So far, the world’s many countries and regions of the family agency made a clear and detailed system requirements, so the couple can live and work well together, each doing their own role, to prevent controversy. Unfortunately, however, is that China has also enacted the Marriage Law and the two amendments to the Marriage Law of 2001, but unfortunately, are not clearly defined in the system, China still only in the Marriage Law provides a bit rough in the family agency system, which marital property with a total system to agent system when the housework between husband and wife to resolve some of the problems and controversy, this effect has not been very satisfactory, the judicial practice in China has been in a very chaotic state standards, all different court, there a fine of one inequality is not conducive to the establishment of a socialist harmonious society. Therefore, as a legal person, only one goal, namely to achieve the greatest equity and social justice struggle for life, I hope that the judicial practice in the real case analysis, guided out of our systems and regulations on family agency imperfections and are available for legislators as a reference for the improvement of China’s legislative work to do some of my modest.In addition to this introduction and conclusion, but is divided into four parts, I start from the case study analysis, the main use of comparative method, the family agency in our use of a comprehensive analysis.Part I: Introduction case. Introduced the basic situation of the case, the main cause of action and the case from both a detailed introduction to the facts of the case, the results of the trial process and the handling of cases.Part II: the focus of the case. Case study analysis of the entire process, according to the court summarized, extracted, and describes the present case, the focus of controversy.Part III: controversies and differences of opinion. According to the first part of the list of all the focus of controversy, from a theoretical and practical point of view of justice for every one of them were analyzed and summarized, the research questions raised, then the case in all countries the solution content essence to its dregs. , defined the basic elements it contains, which provides for the solution to the problem and material basis.Part IV: conclusions of the study. This is the last part of the article, described by the first part of the controversy Viewpoints draw their own views, combined with the reality of our legislative and judicial practice situation, summed up a set of practical day to day family agency dealing with marital disputes case approach, and finally provides some couples improve our daily family agency of the legislative concept to practice for the future of the judicial system on the family agency problems can be a better solution.

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