论中国专业外贸企业在国际贸易中“真代理,假自营”所引起的法律问题-法律专业论文.docxVIP

上海交通大学法律硕士学位论文 上海交通大学法律硕士学位论文 论中国专业外贸企业在国际贸易中“真代理，假自营”所引起的法律问题 万方数据 万方数据 代理制度立法方面的不足，促进完善我国在外贸代理制度。 研究方法 首先对中国的专业外贸企业做一概述，分析其在国际贸易中的运 营模式和特点；其次在了解专业外贸企业在国际贸易中关于代理所涉 的法律和政策；然后以中国的代理外贸制度为分析重点，对其产生、 发展、现状加以阐述，根据其特征和法律性质揭露其本质。最后提出 具体的问题，分析其原因并提出合理的建议。 关键词：“真代理、假自营”，专业外贸企业，外贸代理制度，国际贸 易 II The Legal Problems of “True Agent, False Deal” of Chinese Professional Enterprises in Foreign Trade ABSTRACT Research Background The industries related author is an International trade (Import and Export) industry, whose predecessor is Shanghais first industry and trade enterprises, belongs to one part of the original Shanghai Textile Bureau. Now it is still a professional foreign trade enterprise state-owned background. With building four centers named economic center, trade center, shipping center, financial center in Shanghai and under the big situation rapidly heating up, the enterprise has successfully transition to the integration of trade in goods and trade in services. It will become a new type method of professional trade enterprise. But due to the increasingly innovative forms of trade and long-term conflict between the lag of legislation, the enterprise appeared a lot of strange practices in order of survival and development, that particularly including True agent, False Deal. Therefore it caused many trade disputes because of the business relationship and delegate confusion. On the one hand, a lot of companies which have no right of direct export or are unwilling to export, asked professional foreign trade enterprise to import and export as agent in the name of them. But at the same time, in order to get refunds of duty for foreign trade supporting policies from country and in order to meet the demands of the accounting standards, the professional foreign trade enterprise have to sign all kinds of business contract with III foreign clients and domestic suppliers. Once a dispute, the professional foreign trade enterprises will take a lot of extra legal liability. Undoubtedly