论我国夫妻日常家事代理权制度
Research on Couple’s Daily Household Affairs in Our Country

夫妻日常家事代理权制度是一项古老的制度，最早可以追溯到古罗马法。在我国立法中，民法典颁布前关于夫妻日常家事代理权制度一直处于法律缺位状态，直到民法典的出台，夫妻日常家事代理权这一制度才正式上升到法律层面。但是，该项制度目前所处的阶段尚不成熟，相关规定较为笼统，尚未构成完整的立法制度体系。为了更好地解决我国司法理论与实务中的相关问题，对于夫妻日常家事代理权制度的完善应当对症下药，结合我国司法实践，借鉴国外趋于成熟的立法经验与相关建议，明晰夫妻日常家事代理权制度的主体与适用范围，同时增设日常家事代理权制度的限制规则，以保证立法的可操作性与立法目的的实现。
The system of power of attorney for daily household affairs of husband and wife is an ancient system, which can be traced back to ancient Roman law. In the legislation of our country, before the promulgation of the Civil Code, the system of the power of attorney of the couple’s daily family affairs has been in a legal state, until the promulgation of the civil Code, the system of the power of attorney of the couple’s daily family affairs has officially risen to the legal level. However, the current stage of the system is not mature, the relevant provisions are more general, has not formed a complete legislative system. In order to better solve the relevant problems in China’s judicial theory and practice, the perfection of the marital daily family power agency system should be the right remedy. Combining with China’s judicial practice and drawing on the mature legislative experience and relevant suggestions abroad, the main body and scope of application of the marital daily family power agency system should be clarified, and the restriction rules of the daily family power agency system should be added. In order to ensure the operability of legislation and the realization of legislative purposes.