Deputy Dual Structure Theory

Agency is an old but a new concept which has been existing since the Civil Law system has been created and is a permanent subject for people to talk about. This dissertation intended to give a clear description to the motion of agency in the transitional legal system of China and complete its legal system of agency through comparative studies of agency theory and legislation. The whole dissertation is constructed into 4 parts, which is abstracted as follows.Part one is a study of agency from both the historical and comparative perspective. First, the part traces back to the root of agency from which the agency being created and gives a comparison to "the separatism" under the Civil Law tradition and "the equalization" under the Common Law tradition of the agency theory and reveals the impact of the two theories to the legislation under the two deferent legal system. Finally, this part gives a comparative study of the difference and similarities between commercial agency and civil agency.Part two is an examination of current legislation on civil agency law. The author questioned how understand the abstract significance of agency authority in the sense of civil law as well as how the agency authority can have its legitimate existence independently without considering the validity of the basic relationship the agency authority being created. The part also questioned if the statutory agency can be regarded as civil agency system.Part three is a study of the development of agency law. First, the author considered that the ultimate value of the agency system exists in the function of social economy whereas the economical definition to the agency theory reflects the initial state of the agency relationship that helps us with better understanding of the nature of agency. Secondly, the development of agency law reveals that the agency theory under the two traditional different jurisdictions tends to compromise and the agency legislation in the international trade attempts to resolve the conflicts existed in the agency laws of the two legal systems.Part four is a last part that deals with the development and improvement of Chinese agency law. First, the part overviews the present conditions of Chinese agency law and put forward suggestions for the improvement of Chinese civilagency law. Secondly, this part gives an analysis and summary to the concept, feature and content of commercial agency and here suggestions are also put forward on creating Chinese commercial agency legislation. This dissertation concludes that Chinese legislator who is inclined to inherit the Civil Law culture should transplant the advanced case law and doctrines of agency law in the Common Law family, and integrate them into the present Chinese legislation and doctrines.