China's Civil Law Intended To Set The Proxy System For A Number Of Issues

Agency system is an important system of civil law, in which an agent on behalf of the principal or in his own name make legal acts with relative party, of which the effect is undertook directly or indirectly by the principal. Agency can be divided into agency by the agreement, agency by the law and agency by the assignment, and the former is common type.Agency was sprouted in the Roman law, was widely applied by the common law and civil law countries. China's system of agency by agreement scatters among the General Principles of the Civil Law of the People's Republic of China and the Contract law of China, and refers to the legislation cases of both the civil law countries and the Anglo-American law countries. However, the provisions intended to be set about agency system, especially the agency by agreement in China law has yet to be given further systematic collation and perfected, and the basic theory of the agency system also needs to be sorted out comprehensively and in-depth study. In view of questions above, the paper uses comparative method, introduces the legislation cases on agency system, tries to study the nature of agency, authorization act, liability due to unknown authorization, the nature of proxy and other important issues on the base of comprehensive theories of the jurists, raises some questions to the views of some jurists, and then puts forward my own views.The main points presented in this paper are as follows:Firstly, theories about the nature of agency have a lot of controversy, and it is mostly said that the agency is the act of the agent's behavior, but the paper agues that agency is the act of the principal.Secondly, the power of attorney is a right, and not power, authority or qualifications. To protect interests of the principal, the law sets certain restrictions on the exercise of agency, in principle, against the agency for the agent's interests, the agency in which the agent is the relative party, malicious collusion and illegal agency. "General Principles of the Civil Law" does not set provisions on all the termination of the agency, this paper presents a sound legislative proposals, especially makes a list of exceptions of the termination of the agency. The cases of termination are: agency term has been to an end or the agency task being completed, the commission was canceled by the principal or the agent resigned commission, the principal or agent is dead, agent lost capacity for civil conduct, and so on.Thirdly, authorization act isolates from the underlying relations, and its effect is not affected by the underlying relations. Authorization can be set in both positive and negative way. When authorization is unknown, corresponding responsibility will be set.At last, for the questions of the meaning, responsibility content, and specific responsibilities of unknown authorization, this paper argues that the scope of unknown authorization includes: the scope of agency is not clear, the period of agency is not clear, and responsibility of agency is not clear, and when authorization is unknown, only the principal bears liability to compensate the third party, who suffers from damage due to the unknown authorization.