Brief Discussion Of Apparent Agency System

The apparent agency system is a civil case to act for the importance in the system a wreath, its creation comes from the merchandise economic high development and act for institutional and extensive suitable for use, its subject consists in the maintenance society trades safety, encourage bargain. Particularly under the market economy circumstance,its function is also prominent.Therefore enhance to see the institutional research in agency to the watch to not only meaning having theoretically, but also have the stronger and realistic meaning.Based on the basic theory of prospeceus and trial practice,the author proof concretly the quention about prospectus.Apart form the introduction and the conclusion the article is composed of fourparts:Part One: Mandat apparent lawmaking investigates. see for the apparent agency system proceeded the synopsis to say all, seeing to the apparent agency system proceeded the define, combining two greatest method is the apparent agency system to see with the our country watch the different and similar of the agency system made the objective analysis, pointing out again at the same time the watch see the lawmaking value choice of the agency system.Part Two: The analysis of constitutive requirements about prospectus. Firstly, analying the opinion about the constitutive requirement of prospectus and question, the author put forward his opinion. Secondly, the author demonstrate three main constitutive requirements of prospectus and pose his opinion about how operate the constitutive requirement of prospectus in trail practice. At last, the author analyes ralation between the constitutive requirement of prospectus and subject fault of principal.Part Three: application of mandat apparent. Frotn the different opinion in acedamic circles, the author proof three form of prospectus and main question, however the author analyes concrete connotation of three form and constitutive requirement.Part Four:Consummation of mandat apparent in our country.Development of market economy in our country is relatively late and the rule system of mandat apparent is not totally reasonable, so application of it quite disordered. So in order to consummate our country's mandat apparent ,we should boldly consult and transplant legislation, judicial experience and prejudication theory about this rule and define mandat apparent and its obligation-ascertaining principles scientifically.Only by contructing mandat apparent suitable to China's situation, can we realize the aim of this rule.