Research On Indirect Agency System

The research on the indirect agency system can provide theoretical reference for the improvement of the agency system in China under the current trend of civil code compilation.There are provisions on agency in both continental law system and Anglo-American law system.China's civil legislation has always been in the practice of integrating the content of the two legal systems,which is likely to lead to the theoretical loopholes of China's indirect agency system,and then in the institutional level of the dilemma,and now with discipline,arbitration and other related systems have conflicts and discord.With the prosperity of commercial activities,the existing indirect agency system in China is faced with theoretical and institutional problems,which will seriously affect the effective play of the value of the indirect agency system.In order to adapt to the background requirements of the integrated development of the global economy,and in addition to the civil code compiling activities in China,it is of great theoretical value and practical significance to seek the theoretical basis of the indirect agency system in China and improve its system.Therefore,this paper demonstrates the theory and system of indirect agency from four parts in order to improve the theory and system of indirect agency in China.The first chapter mainly focuses on the basic theory of indirect agency.Starting from the basic meaning of agency,it determines the reasonable definition of agency by comparing all kinds of words,and then takes the civil law system and Anglo-American law system as the boundary to analyze the types of agency.The article has four parts.The first part is the basic meaning of agency,and the classification of agency types in the continental law system and the Anglo-American law system.The second chapter first combs our country present legislation on the indirect agency system,then analyzes our country indirect agency system is the fusion two big legal systems product.However,there are differences in the theoretical basis between the civil law system and the Anglo-American law system.At the same time,it also conflicts with relevant systems such as discipline and arbitration.The third chapter is the comparative law research on indirect agency system.Firstly,this paper analyzes the legislative status of indirect agency systems in France,Germany,Japan and Taiwan of China under the continental law system,and then analyzes and studies the indirect agency rules in the Anglo-American law system,international treaties and regional laws,by comparing China's indirect agency system,so as to draw lessons from overseas legislative experience for China.Chapter four puts forward some Suggestions for the improvement of the indirect agency system in China.Firstly,it expounds how to design the agency system in the general principles of civil law.Secondly,in view of the "discord" between China's indirect agency system and the arbitration and disciplinary system,on the basis of drawing lessons from overseas legislative experience,this paper proposes solutions to the conflicts between the application of the indirect agency system and the disciplinary and arbitration system.Finally,this paper discusses the improvement of the right of intervention and the right of choice,and puts forward relevant Suggestions.