On Judicial Cognizance Of Unauthorized Agency ——Taking The Case Of Execution Of Reconsideration Of Wang As An Example

The appearance of the agency system makes people’s life easier.In order to save time,the parties hire agents to conduct external activities in their own name.The emergence of agency is the embodiment of the free will of the parties in civil activities.The parties freely agreed on the scope of agency,agency time and other matters in order to be efficient and convenient.The Article 171 of the Civil Code summarizes three cases of unauthorized agency,which includes agency without authority,agency beyond the scope and continuing agency after termination of agency.However,the situations in judicial practice often exceeds the free will of the parties,and the situation of unauthorized agency is more complicated than laws.The judges’ understanding of unauthorized agency is inconsistent,which leads to different trial results,and it is difficult to reach a unified standard in judicial practice.This article is divided into three parts.The first part is the brief introduction of the case and the focus of the dispute.It concludes that there are two points of contention in this case:The first is whether the behavior of Li Mouhui constituted an unauthorized agency in the case;The second is whether the behavior of Wang constitutes a ratification of an unauthorized agency.The second part analyzes the focus of the dispute in detail and discusses the determination criteria of unauthorized agency.Under the comparative analysis of other judicial cases,the impostor act and unauthorized agency act are differentiated and analyzed in combination with the focus of disputes,and concludes that the behavior of Li Mouhui constitutes an unauthorized agency through analyses the constitutive elements of unauthorized agency.On the premise that Li Mouhui’s behavior belongs to an unauthorized agency,it is proved that Wang’s behavior did not belong to a ratification of an unauthorized agency according to the conditions of unauthorized agency.In the third part of this paper,it puts forward constructive thinking and suggestions about the controversial focus and the problems in many judicial cases.First,improving the agency review system.The unauthorized agency system evolved from the legal loopholes which appeared after the agency system developed to a certain stage.Improving the unauthorized agency system can not only reduce the judicial chaos,standardize the social order,but also help to build a complete agency system.And it needs to strictly examine the agency relationships in civil and commercial activities and innovate the review of agency relationships in a variety of ways,which is helpful to prevent the abuse of agency rights,correct the relationships between agent,principal and third party,and standardize the agency market.Second,completing the regulations on impostor、unauthorized agency and the ways of assuming legal liability about unauthorized agency in the Civil Code of the People’s Republic of China.What`s more,it also needs to unify the standards of judicial recognition and standardize judicial activities.Third,improving the relevant regulations about the protection of personal information.In the era of big data,the flood of personal information leads to illegal and criminal behaviors,the protection of personal information was written into the Civil Code and the Personal Information Protection Law was published,which makes the research of personal information protection in China to a higher level.However,how to deal with the relationship between law and judicial practice is still a long way to go.