Research On The Dutiful Agency

Dutiful agency is the norm of effectiveness attributing of staff members in a profit-making corporate organization ? or part of unincorporated organization such as individual proprietorship enterprise?sole proprietorship enterprises etc,who conduct legal acts in their names within the scope of authority.Article 170 in the general principles of Civil Law stipulates the dutiful agency system for the first time in the form of clear text,but this article is only a general provision of dutiful agency,There still exists problems such as broad scope of the principal,identification of the agent and vague definition of authority scope.In addition,there is no supplementary explanation of supporting provisions in the Civil Code and the separate law,which leads to the lack of operation of this article in the application of law and fails to provide explicit guidance for the practice of dutiful agency.However,most countries that implement statutory law have detailed and specific provisions on the dutiful agency system,which can be used for reference to explain and supplement and perfect our country's dutiful agency regulations.Employing the methods of comparative analysis and literature analysis,this paper compares the dutiful agency system in civil law system ? the common law system and the current law in China,and analyzes the basic content about the concept?characteristics of dutiful agency,the granted and types of the rights of dutiful agency and the legal effect of dutiful agency.Through semantic interpretation,such as objective interpretation and other interpretation techniques,this paper analyzes the problems existing in article170 in the general principles of Civil Law and related legal norms of dutiful agency,which is aimed at putting feasible suggestions for the improvement of dutiful agency system in China.The main structure of the article includes the following five parts.The first part introduces the concept and characteristics of dutiful agency.A clear definition of dutiful agency is achieved by comparison of dutifulagency with civil agency?the act of representation and agent agency.The second part uses comparative analysis to introduce the dutiful agency in overseas legislation and the current law in China.The author makes the analysis of dutiful agency in the country of implement syncretic and discrete mode on civil and commercial law and in the country of common law system,providing reference for the supplement and improvement of the dutiful agency system in our country.The third part analyzes that the nature of dutiful agency is entrusted agency with the focus on the rights of dutiful agency.However,since dutiful agency is a commercial norm featuring both the color of public law and private law,the scope of authority of dutiful agency should be allowed to involve multiple ways,such as authorized agent,legal provisions and commercial trading habits.Meanwhile the rights of dutiful agency is classified into three categories as manager's rights,commission agent's rights and rights of general agent part and the concept,the scope of authority,the granted ? exercise and elimination of agent's rights of different duty are analyzed in detail to provide operational rules for the complicated relation of dutiful agency in processing practice.The fourth part introduces the legal effect of the act of dutiful agency and analyzes respectively the legal effect of the act of dutiful agency in authority,unauthorized dutiful agency in narrow sense and apparent dutiful agency.The author mainly analyzes the agent relationship between dutiful agency and apparent agency and points out that there are some special requirements in right image,the third person to produce reasonable trust,and the imputability of the principal if dutiful agency wants to constitute apparent agency.The fifth part,which is the last part of the article,firstly points out the problems of dutiful agency system existing in the present law of our country,especially the interpretation and application of article 170 in the general principles of Civil Law.It is concluded that the best way to improve the dutiful agency system in China is to add explanation for 170 in the generalprinciples of Civil law in the judicial interpretation,and to modify and improve the manager's right,increase the commission agent's rights and general agent's right in the Company Law and other separate laws.Specific suggestions for improvement are involved.The suggestions are put forward on how to set up the correct value concept,how to deal with the relationship between dutiful agency and apparent agency and how to exercise the discretionary power reasonably,when judge judge dutiful agency case.