On The Construction Of Company Apparent Manager System In China

At present,the extension of the civil subject's right capacity is more and more extensive.The civil subject has been able to carry out many traditional commercial acts.The definition of civil act and commercial act is becoming more and more vague in various countries.Is it necessary to define civil act and commercial act strictly now? Is it necessary to strictly divide the civil subject and the commercial subject? The agency system is the product of the increasing specialization and scale of the current society,which to a great extent expands and extends the right capacity of the right subject.The economic value that this brings to the current social development is self-evident.But the accompanying company appears to be the manager phenomenon,but from time to time to the agency System instability,in the field of civil and commercial interests of all parties involved in the great influence,especially in relation to the commercial Domain company manager part of the case.The company to see the manager system and the civil field of apparent agency,unauthorized agency and apparent representative is not the same,how to carry on the design practice of legislation will directly affect the commercial field.With the continuous expansion of the field of promoting commercial development and civil and commercial legislation,how to improve the commercial legislation is becoming more and more important,how in the current trend of codification of civil law under the framework of China's apparent manager system is extremely necessary.See table manager system is a product of commercial liability,the main core After the behavior of the actor appears to the manager,the company,the third party in good faith and the agent share the responsibility.Compared with other jurisdictions,the legal system is relatively mature.The legislation of our country is blank and lacking in this respect,it is urgent to explore and construct the corresponding system in this respect.There has always been a debate about whether the commercial code or the general rules of commercial law should be formulated alone.As an increasingly important part of the current commercial field,what kind of legislative model will directly affect the specific and clear degree of its norms.The General provisions of Civil Law is a phased achievement in the codification of the Civil Code.It makes general provisions on many commercial norms,but it does not deal with the growing system of apparent manager,So how to bring this system into the legal system of our country under the current legislative style is also an important problem.By analyzing the theoretical composition of the apparent manager system and combining the domestic judicial practice and the foreign advanced experience,we find that.For example,the adoption of pure integration of civil and commercial affairs in Switzerland and other countries obviously does not meet the requirements of the development of the times.Relatively speaking,in the civil code,the part of commercial law is specially legislated,followed by specific and clear provisions in the special commercial law.In this way,the apparent manager system is constructed,and it is not only Specific and clear is also more suitable for the development of commercial law needs.