Research On The Problems Of Agency In Duty

Agency in duty is to regulate the working staff of commercial organizations,in order to increase the channels of external expression of intention and maintain the security and efficiency of transactions by creating more windows of expression of intention for commercial organizations.Article 170 of the General Provisions of the Civil Law stipulated the post agency in duty for the first time,and further improved on the basis of Article 43 of the General Provisions of the Civil Law,established the important position of agency in duty in the agency system,and made the post agency in duty get unprecedented development.However,Article 170 of the General Provisions of the Civil Law does not provide substantive provisions on the types of agency power,scope of agency authority and internal relations of the post.The following problems exist,for example:the scope of the existing subject is too broad,duty behavior standards differ in the agency authority and the legal consequence of a well-defined and the legal consequences of overstepping the authority are confused with the apparent agency system.The post agency system plays an important role in the market economy.Clarifying the scope of application of duty agency and the definition of agency power can not only improve the agency system,but also promote the development of commercial transaction and social economy.Through the comparative analysis of foreign legislative examples,combined with the views of various theories,based on the analysis of a large number of literature,this paper discusses the problems of the agency system in the current law in China.This paper defines the scope of application of duty agency through the interpretation of purpose limitation,and makes a comprehensive analysis on the characteristics,nature,scope of authority and the criterion of duty behavior of duty agency.This paper analyzes and studies the job agency system from five different aspects:Firstly,this paper analyzes the function agency system in China,introduces the evolution and characteristics of the function agency system in China,and points out the problems existing in the function agency system.Secondly,by using the comparative analysis method,based on the analysis and research of various theories and foreign legislative examples,this paper discusses the nature of the agency of the post,and demonstrates the rationality of the nature of the agency of the post with the combination theory.Thirdly,The scope of application of duty agency is discussed.Through the interpretation of purposerestriction,the scope of application of duty agency is limited to commercial organizations.The limitation of the scope of "personnel performing work tasks" is interpreted as a staff member who has a labor or employment relationship with a legal person or an organization without legal personality and has the authority to deal with others.At the same time,by referring to the legislative experience of civil law countries,the power of duty agency is divided into manager's right,agent's right and clerk's right.Fourth,taking the three aspects of work scope,time and space of behavior,purpose of behavior and interest ownership as the identification standards of duty behavior,it is clear that duty behavior should be carried out in the name of legal person or organization without legal person,and the purpose of such behavior is to profit the organization.At the same time,the author defines the different types of agency authority,and defines the authorization,positive scope and negative limitation of manager right,agent right and assistant right.Finally,based on the comparative analysis of different academic viewpoints,this paper discusses the relationship between Article 170(2),and article 172,apparent agency in General Provisions of Civil Law.To clarify the essence of Article 170(2)of the General Provisions of the Civil Law,it is a special norm of duty agency rather than an apparent agency liability.