Defect And Perfection Of Agent System

The survival and development of enterprises must rely on agents. Agents provide conveniences for many trade activities of enterprises. for example. professional knowledge. sales channels. labor. special management methods. The enterprises can make use of the advantage of agent to make their products to develop more broad market. save costs. reduce the number of inventory. So agents are indispensable in the business activities.This article is divided into four chapters.The first chapter introduces the theory of agent system in the two legal systems. The theoretical foundation of the continental law system is the "difference". Most countries generally recognize direct agency only. In the direct agency. agents is a "pure" agents in generally. They have no other "sideline" in the transaction, and rely on the agent as their only source of income. The theoretical foundation of the Anglo-American law system is:"the same theory". It does not distinguish between direct and indirect proxy agent. Agents can deal with the third people in their own name. and the agent shall assume corresponding responsibility in the end.The second chapter introduces the concept, the rights and obligations and the legal characteristics of agents. Our agent system started late.but foreign agents system is relatively mature. The author through the introduction of the related concept of German and British agents and the powers and obligations, leads to the concept, the rights and obligations of our notion.Finally. the author elaborates the legal characteristics of agents.The third chapter introduces the dilemma of legislation and commercial practice of our country’s agent system. The legal system of agents system is lower ranks and mixed theory system. Even the more advanced "Commercial regulations of Shenzhen special economic zone" also has some defects. For example, it copies the civil legislation technology and lack of flexibility. And it is lack of independence of the commercial court. It does not conform to the characteristics of commercial cases. It also has problems in commercial practice. Agent status is not clear. There is no provision of the right to claim compensation for goodwill. The standard of commission is not clear.The fourth chapter introduces the perfection of our country’s agency system. First, we can make "General principles of commercial law" to regulate our agent system, and correct problems of "Commercial regulations of Shenzhen special economic zone". Second, the law of our country at this stage has not regulated the agent’s independent status. If agents want to protect their own interests, they must sign strict agreements to limit the other party. Third, it must establish "the right to claim compensation for goodwill". Fourth. it must make clear of the standard of the agent system’s commission, which can protect the interests of agents comprehensively.