Conflict And Fusion Of Indirect Agency In China

Two legal systems based on different theoretical basis establish two different agent systems. Today, as the rapid development in economy and trade, agent systems in their different social and culture environments play an important role. In general, China's development of the agency theory law who are two forms, one is after China found before the published of contract law, civil law in China stick to the traditional model, the concept of agency is limited within the direct agency; the other is based on contract law enacted as an opportunity, China began to meet the need of economic development, introduced the common law of unnamed agency and undisclosed agency, but they don't coordinate with our existing system and framework of agent, led theorists to discuss this strongly. In this paper, by means of theory and practice of indirect agent system development based on the comparative study, analysis of two different legal traditions and cultural values impact on the agent system, draw on international and regional legislation on the law of agency, put forward a perfect strategies in order to solve the question in China's indirect agent system, provide an useful exploration to "Civil Code" system.The main body of this article is divided into four parts.One, Conflict between two legal indirect agencies. Introduce the general theory of civil law, select in France, Germany, Japan and Switzerland to introduce their indirect agency. Analysis unnamed agency and undisclosed agency of common law agency. On the basis of the method to compare with the law in the proxy settings, the legal effect of vesting, agency production, values of different two legal systems exist in indirect agent.Two, Indirect agencies in the international legislation and the integration of regional legislation. Introduce the "Convention on Agency in the International Sale of Goods," "International Commercial Contracts", " The Hague Convention on Agency" and " Principles of European Contract Law" and the "Draft Common Frame of Reference," Analysis the performance of two legal systems indirect agent system of integration and the performance of its advantages and disadvantages.Three, Transplanting and theory dilemma on China's system of indirect agency. From transplanting of China's system of indirect agent, analysis of theoretical difficulties in indirect agency in China.Four, The confliction with legislation and improvement in China's indirect agent. Conflict with legislation on" Civil Law" and "Contract Law", perfect legislation on "Contract Law", set the agency of the "Civil Code".This paper adopts comparative analysis of theory and practice of two legal systems'indirect agency.Draw on international and regional best practices. Finally, in order to meet the needs of China's economic development and reflect of the economic life of the agent, the concept of our country in the agency should appropriately expand the meaning of agency, let it cover direct and indirect agents. As "Contract Law" development, the principle of relativity of contracts break through from the contractual into a multi-party relations, so the system while maintain the broker's independence, appropriately establish a direct legal relationship between the principal and third, improve the client's involvement and the third person the right to choose. In the "Civil Code" set, set up direct and indirect agent three proxy, so as to let legislation uniform in China. Take the form of a special agent in the particular form.