Analysis Of China's Foreign Trade Agency System In The New Era

From the Roman Empire times, the agency system sprouted and gradually the world primarily shapes the modern agency system. However, in these years, with the development of international trade and increase of international exchange, the two completely different major legal systems, the common law legal system and the civil law legal system, take on a trend to mingle with each other, complement each other's advantage, continuously enrich and develop each other's agency system.Experiencing more than twenty years' historic evolvement the China's foreign trade agency system absorbs the elite of the two major legal systems' agency systems gropingly, enrich itself through development full of frustrations. The China's foreign trade agency system is a foreign trade agency system with Chinese characteristics that closely related with the practice of the China's foreign trade reform. It differs from either of the common law legal system or the civil law legal system, but has absorbed the elite of them and embodies the trend that these two legal systems mingle with each other. It has formed a frame of many forms such as direct agency, indirect agency, agency of partial disclosed principal and agency of undisclosed agency, and primarily forms a comparatively mature the foreign trade agency law system including General Principles of the Civil Law of the PRC, Foreign Trade Law of thePRC, Contract Law of the PRC, Interim Rules on Foreign Trade agency system of the PRC and so on.The foreign trade agency system is the result of social division of labor, and it will become more specialized accompanied by the intensifying of the social division of labor, which embodying the optimal allocation of social resources in the field of foreign trade. The traditional foreign trade agency system is closely related with the foreign trade rights approval system. Nowadays, when the foreign trade rights has been changed from approval system into registration system the foreign trade system more and more behaves as the result of asymmetric information.More than twenty years' practice indicates that the foreign trade agency system acts a very important role in China's import and export trades. But China's market economy system is still imperfect, the asymmetric information phenomenon is still very obvious, many enterprises still adhere to the traditional concept of unique acquisition, affected by those problems the foreign trade agency continually exposes its shortage and imperfectness. There are some nonstandard operations in agency service, the internal running mechanism of the foreign trade agency is imperfect, the foreign trade agency law system is required to be more developed, and accordingly brings on many new problems.Pushing forward the foreign trade agency system is the right direction of ChineseForeign Trade Regime Reform and is also an important way of realizing optimal allocation of international trade resources. Under present foreign trade regime, incentive and risk sharing mechanism of foreign trade agency should be improved; the governmental departments should greatly enhance their function in macroscopical control, enhancing the government's function in foreign trade regime reform, policy guidance, dredging the channels of information and designing the operation mode of the foreign trade agency, holding back illegal phenomena that frequently occurs as four by oneselves and three without meetings (takes the customers by oneself, takes the suppliers by oneself ,takes the bank drafts by oneself and declares at the customs by oneself and without meeting the exported products, without meeting the suppliers, without meeting the customers) during the proceeding of the foreign trade agency. The foreign trade agency sets a still higher demand on China's socialistic market economy legal system. The relevant laws should be enacted and further perfected, relieve and coordinate the existing contradictions among enforcing laws and regulations of different levels. When our country further standardize and perfect the socialistic law system of the foreign trade agency system all enterprises should improve their capacity of management and level of operation, make great efforts to reach the goal of economy of scale merit, to make more profits on the basis of improving the quality and realize the enterprises' rationalization of doing foreign trade business, to make a right choice between self-operation and agency to maximize the economy efficiency under the premise of trade internationalized, industry socialized and division of labor professionalized.As Chinese Foreign Trade Regime Reform is developed, the foreign trade agency system will be more inclined to standardized, internationalized, profitable and further pushes forward the development of China's import and export trade.