International Commercial Agency Law Comparative Study

By the method of comparison, this thesis studied the fundamental principles of commercial agency of civil law system and common law system, compared the their similarities and differences, and explored the international convention on uniform statute and application of laws on commercial agency. On that basis, the thesis pointed out the development trend of international commercial agency. The research showed that although the concept of agency and its embodiment in civil law system on which are established on "theory of separation" are different from those in common law system which are based on "theory of identity", they are only academically different. Moreover, the development of international commercial practice has already narrowed the gap to some extent. The laws of agency in two different legal systems are heading for the uniformity just like the two legal systems themselves. Furthermore, with the development of informationlization, the system of agency faces the possibility of disappearing. Combining the observation of China legislation on agency with the research on China agency system in the foreign-related trade, this thesis put forward countermeasures and suggestions to improve and refine the agency system in China.