On The Legislation Model And Improvement Of Commercial Agency

Commercial agency is one of the two basic types of agency system.While having the common characteristics and basic principles of the agent,because of its unique profit-making purpose,source of rights,scope of subject and so on,it highlights the special principle of commercial law department in the aspect of legal regulation,which is necessary to carry on the relatively independent legislative exploration.The commercial agency legislation in China is deeply influenced by the mode of civil and commercial legislation.After the promulgation of the "General Principles of Civil Law",even though the legislative model states the original intention of the mode of combining civil and commercial affairs,from the essence of the model,our country will still be the mode of separation of civil and commercial affairs for a considerable period of time in the future,and the separation of civil law and commercial law departments is relatively thorough.The gap between the legislative practice and the ideal state in the legislative planning is that our country has not carried on the systematic unified legislation to the commercial agency up to now from the embodiment in the legislation of commercial agency.In addition,there are lots of problems in the current commercial agency system of our country,such as each department acting on its own,more conflicts of laws,more gaps in legislation and so on.The current commercial agency is separately established in the "General Principles of Civil Law",the "Contract Law" and many administrative laws.The absence of agency system and lack of general heading law of commercial agency have put remarkable influence on the regulation and development of commercial agency activities.Therefore,it is of great practical significance for the construction of commercial law system,the legalization of commercial activities and the development of market economy to make clear the choice and perfect strategy of the legislative mode of commercial agency in our country.Based on the fact that the compilation of the Civil Code is being carried out and the general direction of commercial legislation is still uncertain,the " General rules of Commercial Law" are formulated as soon as possible to solve this problem which has become the mainstream point of view in the academic circles to solve the current situation that the commercial law departments in China have no leaders and have no clear boundaries with civil law departments and on the basis of the "General principles of Commercial Law",it can be said to be a feasible way to construct a systematic commercial agency system.On the basis of current civil and commercial legislation and experience of practice,commercial agency system in our country shall be established pragmatically by aiming the current disputes of legislation model,and there is no need of copying foreign models.Meanwhile,it is where the key of rule of law with Chinese Characteristics lies.In the "General Principles of Commercial Law",the basic classification and principle of commercial agency are regulated completely,the agency system is established,and the commercial agency is regulated reasonably in accordance with the characteristics of commercial activities,which can improve the commercial agency system well under the actual situation of legislation in our country.In addition,we can also take this opportunity to clarify the relationship between civil agency and commercial agency,to perfect and repair the long-standing legislative conflicts and blank,and to regulate the development of commercial agency activities in China from the institutional point of view.