Construction Of The Apparent Manager System

There is a gap in the apparent manager system of our country,however someone who is not the manager is often titled as manager by companies in the commercial practice,which lead to the third party believe that he or she has the manager right,and trade with him or her,the company may refuse to take charge of the behave result of the apparent manager,this result in the loss of the third party benefits.paper studies the problem.This paper is divided into five parts.The first chapter: take some typical case as examples,the apparent manager behavior dispute can’t be resolved reasonablely by the relevant rule of "duty behavior" or "apparent agency" in judicial practice,because the apparent manager behave belongs to commercial behavior and applies to the provisions of the civil law dispute resolution,which is difficult to conform to the commercial spirit appearance so as to protect the third party’s kind trust.Therefore,it is necessary to establish the apparent manager system.The second chapter:by analyzeing the relevant regulations of the continental law system and the common law system of the United States and the common law system to the apparent manager,the concept and characteristics of apparent manager is concluded.The third chapter: explore the apparent manager system theoretical foundation-the appearance of socialist legal system,the paper studies the origin,development and composition of socialist legal appearance,based on the appearance of socialist legal theory,the components of the apparent manager is analyzed,this paper puts forward that the components of the apparent manager includes four aspects of main part,rights appearance facts,the third party kind trust.The fourth chapter: From the angle of inside and outside,this paper studies the legal effect of apparent manager.In the external legal relationship,the enterprises should bear the legal effect of apparent manager to the third party,In the internal legal relationship,the responsibilities of both parties shall be judged in accordance with the provisions of labor contracts or other agreements between the parties.The fifth chapter: the author puts forward the plan for the construction of the system and the system design.Judicial interpretation in the company law,which leads to the apparent manager system of exploratory regulations,for the time is right to add it to the commercial general rules or the civil law general principles,extensions are applicable to all enterprises.In this paper,the author puts forward some suggestions on the composition of the manager,the scope of competence of the manager,the exception of the applicable circumstances,the burden of proof and the legal effect.