The Research Of China’s Representative System

Representative is one of the most important systems in the Civil and CommercialLaw. It is a system that fairly protect the interests of the parties, and also prove thatthe representative system is improving better and better. The so-called represent-ative means that Where the legal representative or the person-in-charge of a legalperson or an organization of any other nature entered into a contract acting beyond hisscope of authority, unless the other party knew or should have known that he wasacting beyond his scope of authority, such act of representation is valid. Legal personalso should bear the legal consequences to this behavior. This article is divided intofour parts in addition to the introduction and conclusion.The first part: The first part introduce the outline of representative system. Thepart include the concept, features, theoretical basis and background of therepresentative. It analyzes its elements in particular, meanwhile it compares thebehavior between the representative and agency by estoppel through comparativeanalysis methods, by which it explicitly show the representative’s legal nature andcharacteristics. It is very useful for us to define and adapt representative system, andthen we can have a comprehensive understanding of this system.The second part: Legal Effects of Representatives. In this part, the representationform of representatives is firstly introduced. The thesis makes a distinction betweenrepresentative and agency by estoppel analogically, so the representation form of representatives is summarized based on that of agency by estoppel. Then, the thesisintroduces legal effects of representatives. In this paper, such legal effects are dividedinto an inside part and an outside one, so the more abstract situations ofrepresentatives in judicial practice can be observed.The third part: Comparison and Analysis on Agency by Estoppels System. Inthis section, the author applies the method of comparative analysis in explaining therepresentative in civil law and agency in American and Britain law. A detailedintroduction of typical countries in various legal systems is made as well. Therefore, itwill contribute to comes its essence and establish an improved Agency by EstoppelsSystem when we implement it.The last part: The shortage and complement of present Representation System inour country. Because the market of our country develops relatively late, and with thedeficiencies of criteria system, the adoption of Representation System is more of mess.Therefore, we should complete the Representation System on the basis of China’spresent national conditions and system of law. We should boldly profit from andtransform the experience and the theory of collateral of representative legislation andjustice in developed countries. we also should clarify the definition of therepresentative system and blame, principles, added with impeccable Interpretationrules of law and the social credit system. only in this way, can we construct aRepresentation System which is conform to the Chinese National condition, and canwe realize the direction of Representation System.