The Research On Legal Protections Of Commercial Agents Outside Mainland China

Commercial agents are the merchants whose job is to do business of agency. They become more and more popular and play an important role in modern society. Commercial agents act on behalf of their principals. They should obey the instructions of their principals, so they usually do not have independent will and must rely on their principals. As a result, many countries and districts take a protective stance on commercial agents in the laws and regulations relating to commercial agents. This paper made a comparative research and value analysis on the legal protections of commercial agents.This paper uses a comparative method in the research which belongs to the area of comparative commercial law. Firstly it analyzed and compared the development of legal protections of commercial agents outside mainland China and the different attitudes of different countries and districts. Secondly it analyses the contents of legal protections and legal practices in different countries and districts. Third it talks about the equity value in the protective system of commercial agents and the changes made by the fair value to the law of commercial agency. At last this paper comes back to the reality of China. It points out the absence of legal protections of commercial agents in China and makes some suggestions on the constitution of legal protections of commercial agents.In the author's point of view, more and more countries and districts attach importance to the protection of commercial agents. The value of fairness should be the most important value in the law of commercial agency. China needs to establish a legal system to protect commercial agents.