The Research Of Personal Imputation In Apparent Agent In The Information Age

The appearance of the proxy right exists and the third person believes in the existence of the proxy right in good faith.As a constituent element of the representation agent,a consensus has been reached.However,whether the appearance of the agent's proxy right is formed because of his own reasons,the legislation is not clear on this issue,and there are serious differences in the civil law theory,and it has not been unified yet.The principle of fault liability,the principle of risk liability,and the risk exposure of transactions are the causes of differences.However,considering the principle of risk responsibility and the risk of transaction risk,the composition of the agent is more in line with the characteristics of the era of the information age.When the Supreme People's Court determines that it constitutes an agent and comprehensively considers the referee's thinking of each constituent element,it can solve the problem of the lack of persuasiveness brought by the referee's thinking that the other courts at all levels will prioritize the constituent elements.Moreover,in the international legislation on the agency system and the legislative evolution of the agency system in China,we can see that the blameworthiness is an indispensable part of the agent composition,so see the agent.It is difficult to avoid considering the blameworthiness of the composition.However,China still exists,and the judgments on the representation of the agent are not uniform,and the legislative attitude is uncertain.To get out of this dilemma,you need to think about it in the context of the times.In the context of the information age,I will rethink the blameworthiness of the agent in the agency.Because the times give relatives a more convenient and quick way to verify the agency rights,then the purpose of the agent to protect the "weak" should be re-understood.At this time,the blameability of the person can be included in the composition of the agent.It can balance the interests of all parties and ensure the realization of fair value.Therefore,this article gives suggestions on the improvement of the agency system from the legislative and interpretation theories: First,the legislative theory,from the normative model can continue the "General Principles of Civil Law(Draft)" and the ideas in its expert draft,I will The blameability is included in the constitutive elements of the agent,and the third party's verification obligation is clarified.The case where the agent is not applicable is specifically enumerated,and the agent is amended to represent the agent in the General Principles of the Civil Law.The provisions of the system are supplemented.The second is the interpretation theory.When there is still room for the definition of the agency system in the General Principles of the Civil Law,the Supreme Law can affirm the blameability of the person in the agency by introducing judicial interpretation or guiding the jurisprudence.