Research On Spontaneous Agency System And Its Legislation Perfection

Spontaneous agency system originates from Roman Law. It always putthe rule of law "Interfere in other people’s affairs is prohibited " andthe moral principle " mutual assistance is encouraged " as the value targetof its existence even it has gone through many changes being the modelof legalization of morals.Considering the justice of law and ethics andmorals, the law should admit that under some special or propercircumstances, action of custodian to interfere in other people’s affairsis legal and meanwhile endow the custodian with certain right to recourse.However, strict requirement should be made to the administrativebehaviour and particular obligation to the custodian should be exertedin order to preventing the arbitrariness of interference in the affairsof others’, such as: the duty of administration, notification obligationand obligation of calculation etc. The essence of Spontaneous agencysystem stress in the encouragement and restrictions on the administrationactions.It is inadvisable to emphasize the high benefit of the administrationresults one-sidedly at the some time of laying stress on normalizationof administrative behaviours. For the consequence of management arebeyond the control of custodian, if the custodian bear the rebelliously risk, it is nothing less than gambling. The high-risk of management cannot correspond with the moral of mutual assistance encouraged bySpontaneous agency system, so the risk proportion undertaken by thecustodian should be reduced. An uniform jurisprudence of Spontaneousagency system should be constructed within it the matter of law and riskdistinguished strictly.No matter what is the consequence, as long asrespect others, respect society and act normatively, affirmativeevaluation will be deserved by the law.As our legal system theory of Spontaneous agency is in chaos, withsystem unclear and lack of norms, an awkward situation "Heroes shed andweep" usually happens in practice. This article states and analyse theSpontaneous agency system from the below aspects, and help to make somecontribution to the further perfection of our legal system of Spontaneousagency. First, it starts from theoretical basis and constitutiverequirements of Spontaneous agency system, gives a comprehensive analysison it. Second, it contrasts the other related laws with Spontaneous agencysystem and groups it, dissect its connotation further and reassess thesignificance of building such system. Third, it analyses our legislativepresent situation and defect of the Spontaneous agency system, offers aproposal on perfecting this system. Lastly, it gives specific ideas andsuggestion on the legislation of Spontaneous agency system in China bycombining with our national situations on the basis of referring to theadvanced legislation experience aboard and Taiwan district in China. Thisarticle is not at the settlement of dispute, but to cast a brick to attractjade. The purpose of this article is to make inadequate legislation ofour Spontaneous agency system get much more attention.