Research On Present Situation And Improvement Problem Of Indirect Agency System

Agency is common to the continental law system and common law system, interms of direct agency, there is no difference between two law systems, but indirectagency is obvious different. Indirect agency design in our country is mainly referenceto the legislative model and contents of the continental law system, also absorb somebeneficial results from the common law, but for the whole agency rules in the legalsystem, it seems did not made much more consideration on coordination. Althoughbased on two different theoretical basis and thinking mode, indirect agency actuallycome from and apply to similar social and economic environment, therefore, theintegration is inevitable, but there are still some theoretical and practical difficulties.Through comparative analyze the theory and practice of indirect agency, combinewith the actual situation of our agency legislation and from the perspective of somepractical cases, the purpose of this article is discuss the deficiencies of indirect agencylegislation in our country, and put forward the corresponding improvementsuggestions.The first part of the article mainly introduce the development process and conceptof the indirect agency, analyze the scope of authority of indirect agency and agencyfor an unnamed principal, explain the view that universal agent can not authorize to someone else at random; The second part mainly introduce the agency theory andpractice of two legal systems, and analyze the characteristics that reflect how toimprove the legislation of indirect agency in China; The third part briefly presentsome specific provisions and regulations about the indirect agency legislation of ourcountry, combine with some actual cases analyze related legal rules are not enoughrigorous and indirect agency system exist problems such as functional overlapping;The fourth part is mainly aimed at solutions analyze to the exist problems, theconclusion generally as the "continental law as the main body, the common law assupplement", it is not necessary compiled indirect agency separately in generalprinciples of civil law in the future, also need not be special provided in other laws,but can be achieved the adjustment effect through improve the rules of the factor. Atthe same time, some other problemes such as functional overlapping between agencyfor an unnamed principal and factor, not only relate to indirect agency but also othertypes of agent in practice are briefly analyzed.