| The agency system is very important in modern society. With the development of commodity economy and the specification of the division of labor in society, the action of civil suit and commercial affairs are relying on agents more and more. Foreign trade agency especially has the greatest esteem for its specialization, industrialization and independence. But agency system of our country falls into dire straits because of beginning lately and developing slowly, and has not a so good effect. Two of the most important reasons for above are that the legal norms adjusting foreign trade agency and the development of the foreign trade enterprises are far behind the demand of practice. Although the orientation of foreign trade reform is foreign trade agency, it still lacks clear and whole thinking on how to change the backward conditions of foreign trade agency. So it has not only theoretical value but also practical meaning to explore this problem.There are many books on studying foreign trade agency, from the definition of agency and its nature, to authority of agency, from rights and duties of the parties, to the interrelated legal rules, the holes of agency and its resolvements. It is generally considered that the agency law of our country takes the orders from continental law system, the rules on agency from civil law are the bases of foreign trade agency. But in fact, the foreign trade agency is not confined to Civil Law, it has surpassed the range of civil law to a certain extent, and inevitably cause conflicts. So the laws on the system have been adjusted continually, the study to foreign trade agency is going deeper. But the problems perplexing the development offoreign trade agency have not heen solved up to now. After probing into the system of agency in foreign trade attentively, the author puts forward whole thinking on how to develop the system of agency in foreign trade and raises some concrete tentative ideas.l.The ideas on unifying and perfecting legislation in foreign trade agency. Firstly, the laws on agency should be unified because of contradictions between Civil Law and other laws, which can only be solved by the adjustment of agency law. After analyzing the nature, current situation and defects of foreign trade agency, the author puts forward proposals on making some laws such as Civil Law, Implementing Rules of Civil Law; Secondly, the connotation of agency should be extended including direct and indirect agency, and the positive factors of undisclosed agency in common law family should be absorbed in it. As to brokerage and trust, the author puts brokerage into agency, regarding that its authority is restricted. Regardless of many similarities between agency and trust, the author eventually excludes trust from the broad agency in view of its completeness and the fact that Trust Law is being drafted in our country. Of course the general agency does not include all the civil action serving for the benefit of the others, those failing to conform to the agency characters can be adjusted by entrustment; Finally, the author thinks it is better to classify the agency and specify the agency action and further to standardize the agency behavior.2.The problems on developing the foreign trade enterprises. Sound law circumstances is one of the prerequisites for developing foreign trade, the foreign trade enterprises have to face to the affects of politics, economy, science and慥technology, culture, especially the policy of the government. In order to develop the foreign trade, the government should reduce direct interference, and perfect the market economy system for the foreign trade enterprises, in return give aid to them, and make great efforts to perfect the market system, which can supply them with good environment for development. The more important is that the foreign trade enterprises should try to enhance their actual strength, improve their service, and speed up their specialization or raise their level of syntheses, which is their only way o... |
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