Problems And Perfection Of China’s Foreign Trade Agency System

The agency system is one operation mode of foreign trade. Below current market economy conditions, a variety of civil and commercial activities rely heavily on the agents due to the increasing social refinement. International trade agency system, which is one specific embodiment of agency system in the foreign trade area, is very useful law in the field of foreign trade. The foreign trade agency system not only has the general characteristics of agency system, but also has its own characteristics. Yet our foreign trade agency system has greater Chinese characteristics.Since the mid-1980s, we have already brought the reformation and the development of foreign trade agency system into the aims of foreign trade reformation. After20years’ practice, our foreign trade system based on the continental law system, absorbs the reasonable elements of Anglo-American law system, but is not exactly the same with any one of them, thus forms its own distinctive system. Our system which takes the essence of the two law systems, the theoretical framework involving agency relationships, such as direct agency, indirect agency, unnamed agency of Anglo-American law system, undisclosed agency, forms a series of law systems of foreign trade agency, which represent in relative provisions of General Principles of the Civil Law, Provisional Regulations, Contract Law, Foreign Trade Law, and so on. Although our foreign trade agency system has developed to some extent, many problems still remain to be solved. Both the theory and practice are incomplete because of the late start and slow progress. Especially after entering into WTO, foreign trade agency system has not formed a sound and unified system, which will influence our enterprises’competition with other countries in global market and hinder the development of our foreign trade. In this situation, we must improve foreign trade agency system in theory and practice, mature it increasingly and make it play its role in the field of foreign trade.In this paper, the methods of comparative analysis and historical research were employed. First, we review the agency system and elaborate our agency system and put emphasis on historical revolution, legal basis and legal nature of this system. Second, we further analyze the legal rights and obligations among the three parties of the agent, the principal and the third person, and compare the association between broker and foreign trade agency. Third, we pose the problem in theory and practice of foreign trade agency. We have laws, such as General Principles of the Civil Law, Contract Law, to adjust the system, but the laws show no consistency and contradiction sometimes. In practice, there still exist problems. The market economic environment is still not perfect. Supporting measures could not be taken for policy reasons. Some enterprises operate without regulation. All above has hampered the development of our foreign trade agency system. Finally, new ideas were brought forward for perfecting foreign trade agency system. In terms of legislation, legal system of foreign trade agency system should be perfected by reconstructing Civil Code, revising Provisional Regulations, modifying Contract Law, Foreign Trade Law, and joining United Nations Convention on Contracts for the international Sale of Goods at proper time. Our government should provide favorable policy environment for the development of foreign trade agency system. Enterprises should promote their professional operation capacity and management level to enhance competitiveness in the international market. The perfection of foreign trade agency system in theory and practice has great significance in promoting the development of China’s foreign trade.