Thinking About Indirect Proxy System

This article analyses the indirect agency deeply. At first, the paper compares the rules of the indirect agency of the two law systems:The basic theories and classifications about the agency principle of the law systems are different. It evaluates the indirect agency regulations in our country, combining with the rules in international law. This article make some suggestions to the perfection of the rules in our country. This article is departed into three part:the introduction of indirect agency in the two law systems; the basic theories about indirect agency; the evaluation and perfection of indirect agency in our country.The first part includes three parts:the first is the classification of the direct and indirect agency, in the civil law system, the direct agency was established while the indirect agency wasn't, but the indirect agency was permitted. In the common law system, agency principle was classified as named agency or disclosed principle, unnamed agency but disclosed principle, undisclosed principle. The second part is the basic theories about the agency principle of the law systems. The civil law system is based on the distinction theory while the common law system is based on the equality theory, the third part is the responsibility of the person himself and his agent to third persons.The second part includes three parts, there are some conventions in this part. The third part includes two parts:the first part illustrates evaluation and perfection of Chinese indirect agency; analysis the rules of indirect agency in the GENERAL PRINCIPLES of the CIVIL LAW, Contract law. The paper provides that future Civil Code should set down indirect agency and perfect the unnamed agency but disclosed principle and undisclosed principle, and the commission system should be put in the agency category.