Research On The Application Of Job Agency Rules

With the gradual commercialization and specialization of agency activities in the commercial field,the requirements for judicial judgment rules are getting higher and higher.It is of great theoretical and practical significance to establish and improve the agency system for commercial affairs.With the publication of the General Principles of the Civil Law of the People’s Republic of China(hereinafter referred to as the "General Principles of Civil Law"),the new civil law with Chinese characteristics of civil and commercial integration is presented to the world.One of the highlights is the duty agent of Article 170.The provisions of the system.After the introduction of this law,it has received a lot of praise and controversy.The law is too succinct,and it is inevitable that there will be inconsistencies in the application of judicial practice.The value of the agency system is to improve the efficiency of the transaction,and the legal provisions of the agency system are to protect the transaction.In order to better explain the legal provisions,this paper will study the following four parts.The first is to explore the theoretical basis of the job agency system,starting from the meaning,nature of the job agent and the difference with other agents,first have a shallow understanding of the job agent.Then,the power source of the job agent is deeply explored.After research,the job agent is derived from the authorization behavior,which is the basis for the follow-up research agency system.The job agency system is conducive to giving play to the external media function of group autonomy and enhancing the safety and efficiency of group external transactions.The second is to explain the “legal person”,“unincorporated organization” and “person performing the task” in the first paragraph of Article 170.According to the analysis,the interpretation of the restriction is based on the method of the legislator.The agent in the job agent shall be a private legal person and an unincorporated organization,and the person performing the work task shall satisfy the requirement of performing the agency behavior within the scope of authority within the specific time and place for the benefit of the agent.Again,an analysis of the “Rights of Reference” in Article 170,paragraph 1,is carried out.The terms of reference are the most obvious appearance of the rights of the agent.How to determine the scope of authority means that the authority of the agent is valid or invalid.Of course,there are many ways to determine the scope of duties of a job agent.They can be identified according to the type of job agent,can be identified through trading habits,or can be identified through general social concepts.Regardless of which method of identification,it can play a role in helping to identify the scope of agency authority in judicial practice.Finally,the interpretation of Article 170,paragraph 2,Article 170,paragraph 2,provides for the representation of agents in the Commercial Agent Rules,and 172 is the representation of the civil and commercial units.Therefore,Article 170 is first determined.2 models have the characteristics of the agent table.Secondly,the commercial form sees that the agent has lower requirements for the relative goodwill of the relatives,protects the good-will relatives who have the necessary trust,and also distinguishes the general negligence and gross negligence of the opposite person,and balances the interests of the agent and the relative.