A Study On The Comparative Law Of Chinese And Japanese

Agency by estoppel of Contract law in Mainland China is more abstract than Japanese orChina’s Taiwan region’s.Principled provisions leads to differences between theory study. if itcontinue to be used,it will lead to the trouble in practice. There are many research achievementabout Agency by estoppel’s,but the comparative research method with a complete introductionand in-depth study of attribution between China an Japan seems rare.The legislation of ostensibleagency rights appearance constituent elements should be clearly defined,especially in our countryat the present stage of China’s moral anomie,for a reasonable balance principal benefit and thetransaction security is of positive significance.The first part is discussed the agency by estoppel from a historical and the etymologyperspective,which is talked about the agency by estoppels system value from a deeper explorationand the nature of the agency by estoppel between China and Japan through the comparisonmethod.The second part is about the analysis of Japan’s apparent legal basis, the legislative provisionsthrough the hermeneutic method and the standard analysis method.The article points out that "thecounterpart to the appearance’s trust","the appearance of being an agent for the rights ofattribution" is based on the agent system,and put forward the principle of imputation of conclusionrisk doctrine.At last,our country academic issue of "single factor" and"double factors theory"isdiscussed.Through the comparative study method,we know that the counterpart to theappearance’s trust","the appearance of being an agent for the rights of attribution" is reasonable asthe element to the agency by estoppel.At the same time,this part pointed out that China’s currentcontract law about agency by estoppel is too abstract than in Taiwan,Japan and other countriesthrough comparison and analysis of the legislation.Based on the analysis of expert proposal,putforward to determine the specific type of right appearance,take "attribution”and " reasonable trustto appearance " as the necessary element to the agency by estoppel at the same time fix it by theway of legislation. Give the proposals that it is necessary to accept risk elements of doctrine ofimputation principle and add the obligation of counterpart in legislative.