The proxy power for daily household affairs is an essential legal element for achieving equality.Various debates surround its nature,including the representative theory,statutory agency theory,and special agency theory.Based on its background,history,and practical function,it should be considered a natural right inherent to human rights,not a legal invention.However,in Chinese judicial practice,this proxy power faces several doctrinal dilemmas:the ambiguous scope of daily household affairs leads to unclear core elements for exercising this power;there are no specific rules for special periods,resulting in inconsistent judicial handling;and disputes over exercising this power in debt situations lack principles for the burden of proof,leading to judicial conflicts.These issues highlight the need for legislative revisions.Future legislative priorities should meet practical demands:clarifying the definition of daily household affairs and listing typical and negative scenarios;providing a normative basis for proxy power during spousal separation and including divorce proceedings in negative scenarios;and establishing normative bases for burden of proof in external debt situations.
关键词
日常家事代理权/构成要件/举证责任/民事立法
Key words
Proxy power for daily household affairs/Constituent elements/Burden of proof/Civil legislation
维普
万方数据