The Design Of Indirect Agency System In The General Provisions Of Civil Law

The article firstly based on the origin and status quo of China's current agency system,studies the conflict between the agency system of The General Provisions of Civil Law and The Contract Law,and puts forward the problems existing in the indirect agency system in China.Reasons for the occurrence;secondly,the article combining international legislative efforts,analyzing whether The General Provisions of Civil Law should adhere to The Named Principle of the agency system,and discussing how Chinese legislation should deal with indirect agency systems;finally,the article conclude that indirect agency should be stipulated in The General Provisions of Civil Law and put forward a specific legislative proposals.Details as follows:In the first part,the article compares the origin and differences of the indirect agency system between the Continental Law and the Common Law,then explores the current indirect agency system in China.It can be seen that The General Provisions of Civil Law only stipulates direct agency because of insist on The Named Principle which established by German law.However,in the Contract Law,legislator has simultaneously absorbed the brokerage system in the Continental Law and the agency system in the Common Law,and has formed an indirect agency system that is different from the legislation in various countries.In the second part,the article analyzes the conflict between the indirect agency system transplanted from the Common Law and the legal system in China and the defects in the system itself.On the one hand,there is a conflict between the application of the indirect agency system from the Common Law and the brokerage system from the Continental Law,which has resulted in the compression of the applicable space of the brokerage system;and there has been no supporting system of the indirect agency system from the Common Law,which resulting in the application of the system may violate The Voluntary Principle of The Arbitration Law.On the other hand,there is a huge differences between the indirect agency system which transplanted by Chinese and the indirect agency system in the Common Law,that resulting in the system cannot play its due role in China.Therefore,legislator should seek to improve the current indirect agency system.In the third part,the article sets out from the legislative attempt to integrate the agency systems of the two legal systems in the world,and combines with the actual needs of China,proposes a plan to improve Chinese indirect agency system,that is,abandon The Named Principle,developing indirect agency system in The General Provisions of Civil Law.This is because clinging to The Named Principle will hinder the realization of the legislative purpose behind the principle.Stipulated the indirect agency In The General Provisions of Civil Law will increase the legal level of the indirect agency system and that the general rules of the agency system can be applied.This will solve the conflicts of application with other systems.In the fourth part,the article tried to put forward the concrete design scheme of the agency system in The General Provisions of Civil Law.On the one hand,redefine the adjustment scope of the agency system so that it can include direct and indirect agencies;on the other hand,it divides the agency into direct and indirect agencies and transplants the agency system in the Common Law.In this way,we can not only solve the problems existing in current system,but also reflect the modernity of Chinese law system.This is the only way for our country to rule of law.