The Legal Problems Of "True Agent, False Deal" Of Chinese Professional Enterprises In Foreign Trade

Research BackgroundThe industries related author is an International trade (Import and Export)industry, whose predecessor is Shanghai’s first industry and trade enterprises, belongsto one part of the original Shanghai Textile Bureau. Now it is still a professionalforeign trade enterprise state-owned background. With building four centers namedeconomic center, trade center, shipping center, financial center in Shanghai and underthe big situation rapidly heating up, the enterprise has successfully transition to theintegration of trade in goods and trade in services. It will become a new type methodof professional trade enterprise. But due to the increasingly innovative forms of tradeand long-term conflict between the lag of legislation, the enterprise appeared a lot ofstrange practices in order of survival and development, that particularly including"True agent, False Deal". Therefore it caused many trade disputes because of thebusiness relationship and delegate confusion. On the one hand, a lot of companieswhich have no right of direct export or are unwilling to export, asked professionalforeign trade enterprise to import and export as agent in the name of them. But at thesame time, in order to get refunds of duty for foreign trade supporting policies fromcountry and in order to meet the demands of the accounting standards, theprofessional foreign trade enterprise have to sign all kinds of business contract with foreign clients and domestic suppliers. Once a dispute, the professional foreign tradeenterprises will take a lot of extra legal liability. Undoubtedly its burden is too heavy,also it will bring a series of losses to the enterprise.Research Significance1. This research will help to improve the international trade environment for theprofessional foreign trade enterprises, actively promote professional foreign tradeenterprises transition to service-oriented enterprises, and enhance their corecompetitiveness.2. For the example with "True Agent, False Deal" phenomenon in theprofessional foreign trade enterprise, how to discuss the legislative deficiency ofChina in foreign trade agency system, will be promote the trade surroundings better.Research MethodsFirstly, we will give an overview on professional foreign trade enterprises inChina. It will analyze the operation mode and characteristics in International Trade;Secondly, we will realize the in the International Trade laws and policies in which theprofessional foreign trade companies involved; Next, we will expatiates on itsemergence, development, status quo, characteristics, and legal nature, then reveal itsessence; Finally, we will put forward concrete problems, causes and solutions.