On The Indirect Agent

From the perspective of the theory as well as the practice, the representation system is of great importance in the world recently. Due to the obvious difference between the civil legal system and the common legal system, the international organizations repeatedly fail to enact the relevant conventions on the representation for the global community. Because of the lack of abundant and mature theories, the trust contract originating from the indirect representation system provokes a lot of controversies in practice. Therefore, by analyzing the legislative aim of indirect representation system, the paper pays more attentions to the relationship between indirect representation and other similar civil system so as to develop several relevant legislative suggestions, and in the whole indicates this system in five parts.The first part of the paper concerns with the comparative analysis between civil legal system and common legal system. The former resists the theory of the direct representation system definitely and departs the indirect representation from the whole system. While the later sets up its representation system from more broad perspective and adopts the theory of indirect representation, including making the principle to the public partly or not making him to the public, which have its counterpart in the civil legal system as contract of commission. The major differences lie in the theoretical foundation, the indirect representation and the value of the system construction ect.The second part pays great attention to reviewing the corresponding provisions in our contract law. In General provisions of the Civil Law in our nation, there are merely regulations on the direct representation without the indirect part. Therefore, some council suggested that the revision of current legislation should include the representation in the international trade. Without the throughout discussion, the contract law finally regulates this sort of representation as well as a type without making the principle to the public. On this point, the author tends to indicate that the main objective of indirect representation is to settle the issues on the representation in the international trade under different situations.The third part is on the personal review of the indirect representation system,...