On The Perfection Of Indirect Agency System In The General Principles Of Civil Law

At the fifth session of the Twelfth National People's Congress,the general provisions of the civil law and the proposal issued before are different from the indirect agency system.In the general principles of civil law,our country still insists on the principle of giving priority to the name of the agent,and does not approve the indirect agency system.But with the rapid development of society and economy,the subjects in the economic communication pay more attention to the efficiency of trade and the result of transaction,and reduce the requirement of the specific subject of the counterparty.Therefore,the direct agency of the general provisions of the civil law is likely to cause the phenomenon that the general provisions are not total,and can not lead to the function of guiding the general provisions of the future civil code.The author suggests that the indirect agency system stipulated in the "general principles of civil law",at the same time improve the anonymous proxy client right to intervene and the third option,perfect the indirect agency and commission system of the use of space.This paper illustrates from the following five part of the argumentThe first part of this paper describes the background,significance and research status at home and abroad,and this paper briefly describes the research methods and innovation.The second part is a general problem of indirect agency are introduced.The two legal systems are based on different legal thinking,and the definitions of different legal concepts are also different.Starting with the different definitions of agency in the two major legal systems,this paper extends the different classifications of the two major legal systems in the classification of agents.Because the Anglo American law system pays attention to the legal effect and does not pay attention to the legal form,"agency" is a wide range of legal language.Every person who acts as the agent of others can be called "agent"".Using a non intuitive and abstract thinking,common law principle,agent regarded as the product of a contract,according to various specific "agents" behavior set different specific rules,in addition to the form is diverse and flexible,is the most important feature of the Anglo American law,regardless of whether the agent is the agent of the public or its name,its behavior may take effect between the principal and the third party.Therefore,this paper focuses on the indirectagency regulations of the continental law system for its concept,characteristics,and the indirect agency in our country is how the provisions of the indirect relationship between agency and undisclosed agency,trust and contract are introduced.Any legal system is bound to reflect the needs of a particular society.Indirect agency,with its role in civil law and economics,highlights its institutional value.After analyzing the present situation and trend of the third part of the provisions of the two legal systems of the indirect agency.The first part of the two legal systems based on different basic theories produce different regulations.Although the two legal system for indirect agency attitude and provisions vary,but along with the economic globalization background,the indirect agency system because of its unique economic value and social value,is becoming more and more recognized by civil law countries.The two systems in the indirect agency system,integration trend of basic theory and system of rules.This is of great significance for China to draw lessons from foreign legal system and draw up a civil code which has Chinese characteristics and conforms to the needs of Chinese civil and commercial life.Therefore,the author suggests that the indirect agency system should be stipulated in the general provisions of the civil law,and the agency system of the general provisions of civil law should be improved.The fourth part the author put forward the indirect agency system into the "general principles of civil law" based on the viewpoint,this part analyzes the current domestic indirect agency system problems: the indirect agency exists in our legislative problems in existence;the indirect agency system itself regulations problem.The fifth part the author put forward the indirect agency system into the "viewpoint and the fourth part of the general principles of civil law" the indirect agency system based on the existing problems,the author puts forward the specific provisions of improving the design of indirect agency system and perfect the legislation and system of indirect agency.