Agency System Research

Prospectus is a comparatively important legal system in modem civil law. It is essential to deeply study it because the provision of prospectus in Contract Law in China is too general to knowledge and operate in judical practice. Based on the basic theory of prospeceus and trial practice,the author proof concretly the quention about prospectus. The thesis Contains five parts, approximatly thirty thousands words.Part one: The concept and character of prospectus. By means of classifying the different concept of prospectus in acedamic circles, the author put forword his opinion about this. And the author detailedly proof the main character about prospectus and entity of validity agency.Part two: Value selection of prospectus.From the theory and practice of prospectus in China, the paper demonstrate mainly that the basis of theory about prospectus is declaration theory in Civil law and the system of possession in good faith. However, The paper deeply study that the value selection of prospectus is the protection for business security.Part three: The analysis of constitutive requirements about prospectus. Firstly, analying the opinion about the constitutive requirement of prospectus and question, the author put forward his opinion. Secondly, the author demonstrate three main constitutive requirements of prospectus and pose his opinion about how operate the constitutive requirement of prospectus in trail practice. At last, the author analyes ralation between the constitutive requirement of prospectus and subject fault of principal.Part four: The form of prospectus.From the different opinion in acedamic circles, the author proof three form of prospectus and main question, however the author analyes concrete connotation of three form and constitutive requirement.Part five : Some idea about prospectus in trail practice.The author proof the question about the third party's selection in reprentative without authority, avoidence of representative without authority and the third'scheck abligation, knowledge of some judical interpretation. Combining theory of prospectus with trial pratice. the author detailedly analyes how determine the question about prospectus in trail practice.