Agents On Basic Legal Research

Commercial agent and agent's system are very ripe and perfect legal systems in the countries of market economy. No matter in common law or in continent law, developed countries all adjust and standardize agent's system with law. Agent system lasts long and is well established, the basic reason lies in its unique function; Under the circumstances that the commercial affairs breaks the country origin and global trade moves towards the integrated situation , the mode of the traditional commercial affairs is not merely totally coordinated with the market economy trade rule which pursuing the high-speed and convenient, on the contrary it will increase the transaction cost in vain and will be difficult to realize maximized benefit. Then, although agent's system is extremely developed abroad, in our country, it is not widely used, the law which adjusts the agent is not perfect either, "blind area "that the law is adjusted still exists. This paper regards perfecting the legal system of the agent of our country as the basic point of departure. It has described the basic legal question of agent's system in detail, and has carried on the research of the special chapter on the issue of easy- obscurity concepts which were often met in practice, etc. Finally the author proposes several imaginations on perfecting the agent system of our country. This paper is divided into five major parts.First part tells the comparison research of the agent system between two fundamental laws, firstly, it introduces partly the basic overview of the system in two fundamental laws from legislative theoretical foundation, origin, classification, etc. then it compares the agent system between common law and continent law from the following angles: the legislative theoretical foundation, division standard of agent relationship, the sources of law, and the similarities and the difference s between the indirect agent in continent law and principal's identity kept secret in common law. It analyzes the development trend of law finally.Second part is the basic theory part of this paper which tells agent's basic theory. It has introduced agent's most basic theory systematically from the aspect of agent's concept, legal characteristic , function , the essential condition become the agent's, the differentiating andanalysis of agent's nature, agent's legal status and qualification ,etc. and has issued one's own superficial view on the issue of several disputable problems among them.The third part is the comparative research of agent and relevant concepts. This part is meanly about seven concepts of easy to obscure, including brokerage merchant, intermediate merchant, trust merchant, dealer, exclusive sales merchant, Whole seller and retailer ,agent authorize to deal. It makes detailed differences between them through comparative research method. Finally it even has made a conclusion at the end of every part and has put forward one's own superficial view.The fourth part studies the agent's type. Originally this part, according to diversified types which the agent demonstrates in commercial practice, has introduced 11 kinds of agents such as conman agent and general agent, sole agent and many agents, commission agent and buying agent, producing agent and purchasing agent, treaty agent and media agent, etc. It also uses comparative research method.The fifth part is current situation, question and countermeasure of the legal system of an agent in our country. It is originally a conclusion part of this paper. At first, it recommends briefly the agent legislative overview and characteristics of our country, then analyses the existing problem of the system, finally it proposes the imagination and legislative suggestion of perfecting the agent system at present of our country, in view of a great deal of phenomena that appear in the commercial affairs agent such as form unstandard, applicable law un-unified , no laws to abide by in acting as agent at present, I think, more realistic method is : do not distinguish the agent civilly or commercially and just make a general stipulation in civil law; then, consulting other legislation of market economy and international practice as soon as possible and combining characteristic of our country, make a special" agent law of commercial affairs ", regard it as the special law of the civil law, standardize the legal system of the agent in our country and commercial affairs according to this. Thus, there is the law that acting in agent can abide by.