Study Of The Legal System Of China's Foreign Trade Agency

The agency system in foreign trade in China, with an age of less than twenty years, has played an important role, and yet encountered great difficulties since its establishment and begun to appear out-dated already. Problems keep arising from bom theoretical and practical fields and remain unsettled, which draws great attention and effort from the law circle. As part of these, this essay, from the point of view of a law-major beginner, makes a close examination on the agency system in foreign trade, with an effort to detect the theoretical and actual defects in the body of the standing system, which impede and delay the development of the agency system herein, seek proper legal methods to complete it, and consider the reconstruction of the legal system governing the agency system herein with concrete advices of legislation intended to meet the specific circumstances of China and accord with the recognized international practice hereabout. This body of essay is divided into four parts, with a total length of 30,000 words or so.Part Ⅰ, basic theories on agency system in foreign trade. Based on analysis of the concept of agency, and through introduction of related notions conceived in common law family, civil law family and international treaties, the character of the concept of agency in our legal system is discussed and, further the concept of agency in foreign trade is deduced. Following that is conceptual comparison between the agency herein discussed and other related concepts, as is the proof of the uniqueness of the concept hereof discussed.Part Ⅱ, historical-and-cross examination on agency system in foreign trade. This part, first dates back to the origin of the system herein and its later hard growth during its prior stages, and points out the legal problems that exist within the system; second it cross-examines the essential differences between the agency system in China and those overseas, to identify the gap that lies between and then figure out ways of bridging it.Part Ⅲ, reconstruction of agency system in foreign trade. As a predetermining issue is the discussion on perfection of agency system in civillaw by choice of concept of agency and introduction of advanced theories and practices from legal systems overseas. Then considered is the reconstruction of agency system in foreign trade with specifically oriented and rational proposals that the author gives as an outcome from deliberate, down-to-earth thinking and reasoning.Part Ⅳ, prospect of the agency system in foreign trade of China. This last part of this essay deals with the impact of the entrance into WTO on the agency system of China, and the trend of the system, in which is observed and refuted the theory of "the dying system of agency in foreign trade". The agency system in foreign trade of China is ensured an even brighter future and a broader room for existence according to this part of discussion.