The Perfect Of Foreign Trade Agency System In China

Chinese foreign trade agency is a special form of agency. It not only has the general characteristics of agent, but also has its own unique personality. The laws relevant to foreign trade agency are"General Principles of Civil Law","Contract Law"and"Foreign Trade Law". It can be said that Chinese current foreign trade agency legislation is incomplete, unreasonable and could not apply to judicial suits. At the same time, Chinese macroeconomic environment did not provide a liberal environment for foreign trade agency either. Foreign trade agency comes from the government mandatory, so it does not meet the requirements of the market economy. Because of foreign trade agency is imperfect, there is a long gap between the international common agency and foreign trade agency in our country.To develop the foreign trade agency, we should resolve the legislative chaos at first. Firstly, the author proposes to reconstruct the agency system of"Civil Law", and advises to expand the connotation of agent. And she also advises to absorb the reasonable factors in British and American Agency Law. Secondly, in order to make the existing trade relations clearer, we should redesign the existing laws and regulations of foreign trade agency. Thirdly, we should join the"Convention on the International Sale of Goods Agents", and short the distance between foreign trade agency and the international agency. At last, government should introduce the"Foreign Trade Agents Ordinance"according to different situations in various parts of China.For the economic environment, the government should rule out direct intervene in foreign trade agency, and create a liberal and fair external economic environment for foreign trade agency. Furthermore, it is more important to pay more attention to the matching system of foreign trade agency, for it is the key to promote the development of foreign trade agency. The agency system is very important in modern society. With the development of commodity economy and the specification of the division of labor in society, the action of civil suit and commercial affairs are relying on agents more and more. Foreign trade agency especially has the greatest esteem for its specialization, industrialization and independence. But agency system of China falls into dire straits because of beginning lately and developing slowly, and has not a so good effect. So it has not only theoretical value but also practical meaning to explore this problem.