The Theory Of The Restriction About The Right Of Optional Cancellation In Commission Contract

The article 410 in the Chinese Contract Law prescribes a special termination right system in commission contract for the sake of the protection of this special trust relationship.However,as the form and the content of commission contract become more and more diversified and complex,radical changes have taken place in the legislative background and applicable environment of the right.Article 410 of the Chinese Contract Law itself has not been well adapted to the development of the society in our country.Therefore,it is necessary to restrict the application of the right of optional cancellation in commission contract.This article tries to put forward reasonable suggestions about the restrictive pattern of the right of optional cancellation in commission contract.Firstly,the article tries to demonstrate the justification of the right of optional cancellation,starting from the fundamental theory of the right.On this basis,it introduces the legislative background of the agency contract and summarizes the legislative status of legislation mode of major countries,besides,it also analyzes the legal force of the agreement on giving up any termination right.Finally,the article suggests to make different restrictive rules distinguishing civil contract or commercial contract in Chinese judicial environment despite classification and summary on the rules of different countries.The author write this article with the purpose to provide some help on the restrictive application of the right of optional cancellation in commission contract.