Research On The Liability System Of Unauthorized Agents In My Country

With the continuous development of social economy,the number of disputes arising from agency is also increasing year by year.When the agency authority is lacking and the autonomy of will no longer exists,unauthorized agency arises.In recent years,the number of disputes over unauthorized agency has shown an increasing trend.The unauthorized agency system reflects complex legal and interest relationships.However,the provisions of the General Principles of the Civil Law and the Contract Law and other relevant laws and regulations on the liability of unauthorized agents are relatively simple and lack operability.Article 171,paragraph3,of the newly promulgated General Provisions of Civil Law,on the basis of absorbing the latest research results,has to a certain extent filled in the blank of our country's liability system for unauthorized agents.Its concise norms generally show the position of strengthening the protection of the opposite party.However,the provisions of the law are very concise and lack the details of system design,which is easy to cause confusion in judicial application.Therefore,it is necessary to explain the law to deal with the confusion in judicial practice.From the perspective of Article 171,paragraph 3,of the General Provisions of the Civil Law,this article analyzes the problems existing in the liability system of unauthorized agents in China through legal provisions,and explains Article 171,paragraph 3,of the General Provisions of the Civil Law through the methods of objective interpretation,system interpretation,benefit measurement,etc.At the same time,it is also a process of structuring the liability system of unauthorized agents in China,so as to achieve a balance between maintaining transaction security and autonomy of private law.This article is divided into four parts.The first part sorts out the basic theories involved in the liability of unauthorized agents,and grasps the liability of unauthorized agents from the concept,imputation principle,nature of liability,and constitutive requirements of the liability of unauthorized agents as a whole,so as to define the scope of discussion in this article and pave the way for later analysis.The second part focuses on the article 171,paragraph 3,of the General Provisions of Civil Law itself,and analyzes the progress and shortcomings of this article.The analysis shows that this paragraph has progressive significance in filling up the blank of ourcountry's liability system for unauthorized agents,but more emphasis is placed on the analysis of deficiencies,such as unclear scope of compensation,too wide application of performing responsibilities on behalf of others,unclear criteria for good faith judgment,etc.The third part introduces the extraterritorial legislation on the liability system of unauthorized agents,studies the single responsibility system and the selective responsibility system separately,and sums up the parts worth learning.In the fourth part,aiming at the deficiency of our country's unauthorized agent liability system analyzed above,on the basis of drawing lessons from foreign legislation experience,the author makes a purposive restrictive interpretation of the law in order to balance the interests of the actor and the relative person.Some suggestions are put forward to perfect the liability system of unauthorized agents in our country,such as enumerating the circumstances of exemption from unauthorized liability,stipulating that the circumstances of performance of liability shall not apply,distinguishing the scope of compensation according to the subjective of the actor,and excluding the goodwill of the opposite party when it reaches the general fault subjectively.