2016年电大：法学 毕业论文.docVIP

目 录 摘要··············································································2 前言··············································································3 第一章 代理制度的外国立法例······················································3 第二章 《合同法》颁布前我国外贸代理制度的法律缺陷··································4 2.1立法缺陷···································································4 2.2当事人权利义务失衡·························································4 2.3我国的外贸代理制度与民商事法律的基本理论相背离····························5 第三章 《合同法》对我国外贸代理制度的规定及缺陷···································5 3.1《合同法》关于外贸代理制度的规定···········································6 3.1.1 对行纪合同的规定·······················································6 3.1.2 对英美法律制度的引用···················································6 3.1.3 明确了我国外贸代理制度的几种方式·······································7 3.2 《合同法》规定之缺陷························································7 3.2.1 立法上的缺陷···························································7 3.2.2 实践中的困境···························································8 第四章 我国外贸代理制度完善······················································9 4.1完善立法···································································9 4.2加入《国际货物销售代理公约》·················································9 4.3开放外贸经营权····························································10 结 语···········································································11 致 谢···········································································12 参考文献·········································································13 摘 要 《合同法》的颁布实施为推行外贸代理制度提供了坚实的法律基础，但也存在不足。在对基本命题认识分析的基础上，从内部立法和外部外部立法的角度对进行分析。 ABSTRACT Contract law promulgate carry out to carry out foreign trade agency system to provide a solid legal basis, but also put in inadequacy. On the understanding of basic proposition on the basis of analysis of internal and external legislation, from the legislative point of view analysis. 关键词：代理制度；立法缺陷；当