On Covert Agency System

Rapid development of market economy,Application of agent system to improving the efficiency of market transactions,promoting the circulation of different commodities,Promotion of economic development.In order to solve the problem of foreign trade agency which has been disputed for a long China's time,China's current contract law,based on the reference of the agency law of common law and the Convention on international sales of goods,Anonymous agency system,It shall be stipulated in the chapter of the entrustment contract.However,the general principles of civil law,China still adheres to the principle of manifestism,That is mainly based on the civil law system.Customary law system,the system of anonymous agency is not included in it,which leads to the conflict between the general principles and the specific principles,resulting in the disharmony of the legal system.At the same time,China's current contract law also stipulates the Drawing system of civil law.Because the two systems are similar in structure and form,there will be differences in the application of the dormant agency and the discipline system in practice.Due to the imperfection of the description of the clause of dormant agency,it is inconvenient for the application of the system of dormant agency and Protection of legitimate rights and interests of the parties.Therefore,the author suggests that we should perfect the relevant legislation system,formulate special laws and regulations to coordinate the relationship between the discipline system and the anonymous agency system,and improve the relevant laws and regulations of the anonymous agency system.This paper mainly demonstrates from the following five parts:The first part introduces the background of Title Selection,Significance and current situation of internal and external research,and briefly describes the research methods and innovations of this paper.The second part expounds the general problems of anonymous agency.First of all,it introduces the different understanding of the concept of dormant agent by Chinese scholars,and then leads to the concept of dormant agent.Secondly,it further expounds the dormant agent system by comparing the characteristics of the dormant agent system with the concepts of the indirect agent system,the discipline system and the private agent of the principal's identity.Finally,it expounds the price of the dormant agent system theoretically and economically Value.The third part introduces and analyzes two kinds of legal systems to promote the inspiration of two kinds of legal systems about the establishment of China's dormancy agency system.First of all,Introducing the theoretical basis of agent system of civil law system,and introduces the provisions of France and Germany on the agent system;secondly,it introduces the theoretical basis of the agent system of the common law system,and expounds the anonymous agent system and the agent whose identity is not public;finally,it puts forward the Enlightenment of the agent system of the two legal systems on the anonymous agent system of our country.The fourth part analyzes current situation and subject of sleep agent system in China: The opposition between dormant agent system and traditional agent system in China;the differences between the dormant agent system and the discipline system of our country in practice;the problems in the provisions of the dormant agent law.The fifth part is based on the problems in the fourth part,System improvement proposal: to perfect the relevant legislative system,to revise the concept of China's agency,The system is prescribed in accordance with the general principles of the civil law;to formulate special articles to coordinate the system ofAnonymous agent shop and rules and regulations;to incorporate the situation of "should know" into the article of anonymous agency law,and to put it into the article of law Increase the cancellation right of the third party.