Research On The Agency System Of Commercial Position

Commercial agent and agent’s system are very ripe and perfect legal systems in the countries of market economy. No matter in common law or in continent law, developed countries all adjust and standardize agent’s system with law. In our country, commercial dutiful agency is a common phenomenon in the social commercial activities. But in our commercial laws, there are nothing about it. To be deepening the reform depends on the establishment country under the rule of law. And the civil code was drafted. Civil law code is the necessary expressive mode in the high level stage of civil laws and rules. The commercial laws is a special part of the civil code. It has become one of hot topics that how to deal with the relationship between civil law and commercial law. Now, we don’t have a system of the commercial dutiful agency.in the practice, it involves the power of manager and some other things. While, it can be found in the civil law system and the similar stipulations can be found in the legal system of common law system. The subject of this thesis is to establish a framework about the commercial dutiful agency in the civil code.in the thesis, the article highlights the independence of the commercial dutifulagency.in addition to introduction and concluding remarks, this thesis can be divided into four chapters as follows:Chapter 1 of this thesis, the author present the peculiarity of the commercial agency system and the value of such system.in another words.we can know what the commercial dutiful agency is in this chapter.The independence of the commercial dutiful agency is the most important issues. Hence, the author carries out his research focusing on it.in Chapter 2, among such study, section 1 mainly discusses the relationship between civil law and commercial law and the development history of commercial law. Section 2 mainly deals with the Chinese commercial law phylogeny to prove the civil and commercial legal with Chinese Characteristics. Section 3 deems apparent two kinds of typical patterns in commercial law——commercial agency and commercial act.section 4 focuses on the commercial dutiful agency’s characteristics.in this section, the author compared some different kinds of agency.Chapter 3&4 analyze two issues, first is the commercial duty agency system established through the terminology “dutiful conducts “as used in the Chinese judicial practice; second is the issues of the establishment of the commercial dutiful agency system in china civil code with the framework of existing laws and regulations of china and with reference to the advanced legislation and practice abroad.