Research On Duty Agency Problems

Duty agency system plays an important role in the market economy.The staff of incorporate organizations or unincorporated organizations(except for legal representatives)can only conduct transactions on behalf of incorporate organizations or unincorporated organizations through the duty agency system.However,the law in force has few provisions on the duty agency system,thus leading to many problems in the application of the system.The provisions on duty agency system in The General Principles of the Civil Law are very vague,and its promulgation opens a new chapter for the development of duty agency system.Article 170 of The General Principles of the Civil Law solved some problems in the duty agency system and made the system become the focus of discussion in the theoretical circle once again.Starting from the practical dilemma of the duty agency system,this paper discusses the provisions of the law in force and its defects,and finally puts forward suggestions for the improvement of the system.The main contents of this paper include four parts:the practical dilemma of duty agency,the provisions of the law in force of duty agency,the defects of the law in force of duty agency,and the perfection of the duty agency system.The details are as follows:The first part is the practical dilemma of duty agency.There are two main difficulties in the practice of duty agency:on the one hand,the identification standard is not uniform.There are subjective standard theory,objective standard theory and comprehensive standard theory in the identification of duty agency.Although these standards have their own advantages,it is difficult to properly solve the identification problem of duty agency behavior.On the other hand,the definition of duty agency effectiveness is unclear.In practice,there are problems such as unclear definition of validity and attribution in duty representative behavior,legal representative behavior and general principal-agent behavior.How to correctly define the behavior of duty agency is worthy of further study.The second part is the provisions of current law on duty agency.First of all,the stipulations of The General Principles of the Civil Law the duty agency system.Article 43 of The General Principles of the Civil Law is the earliest legal provision about duty agency that is generally recognized in the theoretical circle.But its stipulations are vague and there is a big controversy on the qualitative problem.Secondly,the stipulations of The General Principles of the Civil Code on the duty agency system.Article 170 of The General Principles of the Civil Code established the important position of duty agency in the agency system of our country for the first time,and created favorable conditions for the development of duty agency.Although the above regulations have solved some difficulties in practice,there are still many defects.The third part is the defects of the current law of duty agency.It is believed in this part that the defects of the current law mainly include fuzzy definition of duty behavior scope,unclear subject scope and difficult duty announcement.First of all,the vague definition of the scope of duty behavior exists in both The General Principles of the Civil Law and The General Principles of the Civil Code.Secondly,the problem of unclear subject scope also exists in both of them.The stipulations of subject scope in The General Principles of the Civil Law are fuzzy,while they are too broad in The General Principles of the Civil Code.Finally,there are no provisions in the current law about the announcement of the content of duty agency.The fourth part is the perfection of the duty agency system.This part mainly proposes the perfection plan in view of the defects of the current law of duty agency system.First of all,in view of the identification of the scope of duty agency behavior,this paper proposes a judgment method which integrates work scope,time and space of behavior and behavior purpose.Secondly,the article explains and limits the scope of duty agency subject by the way of article interpretation.Finally,this paper puts forward the bold idea of using the enterprise credit information announcement system as a reference to construct the announcement platform of duty content,so as to solve the awkward situation of difficult announcement of duty content.