Comparative Research on China and Taiwan’s Legal Systems: From the View of the Agent Right of Daily Household Matters

Abstract

The agent right of household matters is one of an important aspect of personal rights and also a personal interest that cannot be ignored. As early as in late Qing dynasty, Chinese legal workers had paid attention on the agent right of household matters. Related legislations can be found in Civil Law Draft of Qing Dynasty (Family Chapter) and the Civil Law Draft of the Republic of China. Due to the social traditions at that time, these laws just stipulated wife’s agent right but not the husband’s. Until in the 1930 Civil Law issued by Nanking National Government, the provisions governing spouses’ rights were transplanted from foreign civil laws and the system of agent right of household matters was first time established. However, because China followed Soviet’s legal mode after the founding of the state, the agent right of household matters was replaced by marital property regime. Ever since that time Taiwan and Chinese mainland’s legal provisions on this right differs. The main aim of this paper is to provide some useful research for settling continuous disputes in modern society through comparative study on China and Taiwan’s agent right of household matters legislation emphasis, subjects, limitations, and burdens.