直接代理与间接代理（Direct agency and indirect agency）.docVIP

直接代理与间接代理（Direct agency and indirect agency） A comparative analysis of direct agency and indirect agent In civil law, agency is the concept corresponding to self care, and refers to the way that civil subjects perform civil juristic acts by others. According to whether an agent acts in the name of an agent or an agent in his own name, the agent is divided into direct agency and indirect agency. This article makes a comparative analysis of these two forms of agency in order to fully understand and grasp the connotation of Chinas agency system. First, the legal representation of the agent According to the sixty-third provisions of the general principles of civil law of our country, the liability of an agent only in his agents jurisdiction and in the name of an agent and the third party in civil juristic act can only be borne by the agent. Therefore, Chinas general principles of civil law only provides direct proxy form, and there is no relative form of indirect agency. But our country has established the indirect agency system in laws and administrative regulations, the MOFTEC promulgated in August 29, 1991 on the foreign trade agency system Interim Provisions (hereinafter referred to as the Interim Provisions) fifteenth further stipulates: the trustee according to the entrustment agreement in its own name and foreign import and export contracts signed, and shall to serve a copy of the principal contract. When the trustee and the foreign merchant modify the import and export contract, they may not violate the entrustment agreement. The trustee shall enjoy the contractual obligation to the foreign party and enjoy the right to contract. Therefore, Chinas foreign trade agency system has established the indirect agency form of civil juristic act (contract signing) between the agent (trustee) in its own jurisdiction and third people (foreign businessmen) in its own name. In fact, Chinas indirect agency system is also reflected in other administrative regulations, such as t