On The Right Of The Principal To Intervene In The Indirect Agent

Since the reform and opening up,China's Contract Law has been introduced indirect agency and and personal intervention right of two major legal systems under the background of the reform of China's foreign trade agency system.This has adapted to the needs of foreign trade practice in specific historical period,made up the lack of legislation in China's foreign trade agency system,and played a very active role in the reform of China's foreign trade agency system.However,due to China's failure in fully grasping the essence of the relevant laws of the two major legal systems in the process of transplantation,the transplantation was too rough,which leads to many defects in China's system at the legislative level.Therefore,the purpose of this article is to comprehend the legislative essence of the two major legal systems through a comparative analysis of the relevant legislation of the two major legal systems.On this basis,it is proposed to give proper advice to the legislative defects in China by drawing on the legislative essence of the two major legal systems.The first chapter of this article is an overview.This chapter briefly introduces some basic issues of the indirect agency and personal intervention right system.It lays the basis for the comparative analysis of the relevant legislation in the two major legal systems in the third chapter,and making a theoretical foundation for the reference to the legislative essence of the two major legal systems in chapter Four.At the same time,in the last section of the chapter,the paper briefly summarizes and sorts out the legislative defects in China's system,which lays the groundwork for the introduction and commencement of the second chapter.The second chapter introduces the problem.This chapter elaborates legislative defects in the system in detail.It mainly discusses the defects in the legal provisions,the problems they cause in the judicial practice,and adverse consequences.The discussion of this part mainly starts from the exercise and legal effects of personal intervention right system.It also determines the comparison objects for the comparative analysis of the relevant legislation of the two major legal systems in the third chapter.The third chapter is a comparative analysis of two major legal systems.This chapter compares the relevant legislation in two legal systems concerning the exercise of the personal intervention right system and the effectiveness of the system.It analyzes and compares the two legal systems and aims to grasp the two major legal systems through comparative analysis.The quintessence of relevant theoretical legislation lays the foundation for the improvement of China's legislative defects by drawing lessons from the legislative essence of the two legal systems.Chapter Four is about improvement.Through the comparative analysis of the relevant legislation of the two major legal systems in last chapter,this chapter puts forward sound suggestions for China's legislative defects on the basis of grasping the essence of its legislation.This part is the final goal of this article,and it is also the basic purpose of this article.The fifth part is a summary,which summarizes the suggestions made in the last part.The various legislative defects in the current China's indirect agency's personal intervention right system have brought a lot of problems for our country's judicial practice,and it is not conducive to the standardization of our country's agency behavior.however,extensive agency activities are now inevitable in the development of market economy.Therefore this article aims to improve the relevant systems of our country through the study of this problem,and solve many problems in the judicial practice.