Indirect Import And Export Trade Agent System Perfect

The Agency System is worldwide using in the International Trade. The Common Law Legal System defined the Agency System totally different from the Continental Legal System because of various countries had various lawmaking. We country, the Import and Export Indirect Agency is gradually developed during the implementation of Trade Agency System, based on the International Trade Franchise approval system with some administrative sense. By the "Contract Law" come into effect, the Import and Export Indirect Agency was started be regulated.This paper consists of four parts:The First Part describing the Agency System, briefly introduce the Agency System specified in the traditional Common Law Legal System and the Continental Legal System as well as our country. Then, extend to the history of the system and current situation.The second part is the focus of the paper. The author explains the legal regulation related of the Import and Export Indirect Agency. China's current regulation is sporadically appeared in the "Civil Law", "Contract Law", etc, also includes the judicial interpretation such as the "Supreme People's Court's view on the implementation of Civil Law". Our import and export Agency including Direct Agency and Indirect agency. The system has begun to take a shape, the agent, principal, third parties'rights and obligations was adjusted by the law but still lacked of coordination. General rules are too much to be operated in the judicial practice. With the case, the author reveals the hidden problem under the Indirect Agency System, then researches, analyzes the parties and rights and obligation and as well the risks.The third party is about of "Commission Agency". Many theories consider the Indirect Agency is equivalent to the Commission Agency. In fact, the Indirect Agency includes of the Commission Agency. Personally thinking we didn't distinguished the above two afterwards led to some misunderstanding. The Commission Agency is the one form of Indirect Agency, we shouldn't equate on or oppose of them.The last part is with respect to legislative proposals. The author promotes to realize the trade liberalization. On the other hand, we could boldly adopt the merits of advanced legislation experience, case, theory, during the drafting of Civil Code. Otherwise, it is as much as possible to categorizing the scattered rules had been written into the law, administrative regulations, judicial interpretation into the Civil Code. Meanwhile, according to my practices, the author proposes how to establish a valid mechanism of agency business to pay attention to the operation aiming to resist the risk with the premise of keeping the business habits.