On The System Of Anonymous Agent

In order to meet the development needs of the market economy,China's "Contract Law" on the basis of reference to the "International Sale of Goods Convention" and the British and American agents on the basis of the introduction of the system of anonymous proxy and the status of the agency did not disclose the provisions of the provisions of Article 402 and Article 403 and at the same time retain the civil law system of the contract system.This paper focuses on the origin,development,theoretical basis,definition and application of jurisprudence,and compares the application of the relevant agency system in civil law and the application of judicial precedent,and analyzes the root of the difference between the two legal systems.This paper is divided into three parts,the first part is mainly introduced some of the basic concepts of Anglo-American legal system agents to further elucidate the implicit agency system of Anglo-American law.And then through the legal system for the anonymous proxy system and the behavior of the agency to assume the responsibility of the rules to illustrate the system.The second part is mainly through the comparative analysis of the Anglo-American law on the anonymous agent,indirect agent of the status of undisclosed agents and brokerage system comparison comparison analysis shows that the two legal systems due to the division of the standard system is different Equals it directly.The origin of its different causes is likely to be civil law system to the unique legal behavior theory to build its agency system,and Anglo-American law system is not the concept of legal behavior.The third part mainly through the international common law on the relevant provisions of the relevant provisions of the agent to show the current international trade in the agency dispute when the settlement of the basis.The fourth part analyzes the difference between Article 402 and Article 403 of China's Contract Law and the system of naming agents.Through the practice of the application of the scope of the application of the anonymous proxy and the relevant judicial case support shows that the introduction of anonymous proxy system has the practical basis.At the end of the paper,it is not always necessary to make up the gap between the whole agency system and the commercial activities.The two entry points show the benefits of the introduction of the anonymous proxy system.