代理法律制度研究兼析我国外贸代理制的发展
发布时间：2018-10-11 07:05
【摘要】：在当代世界各国经济交往中，代理已成为最普遍的法律形式之一。无论是在国内还是在国际经济贸易活动中，代理制度都得到了广泛的应用；无论是英美法系国家还是大陆法系国家，都将其作为一项重要的法律制度规定在民商法中。外贸代理作为代理的一种形式，其适用和调整也应遵循一般代理制度的要求。 本文从三个方面展开分析与论述。第一部分从代理制度的基础理论出发，深入探讨了三个大问题：代理制度的产生、发展和意义；代理及代理权；代理人和被代理人的权利与义务。 第二部分根据当代主要国家代理法发展的现状，采用比较分析的方法，，对国际上两大法系即英美法系和大陆法系国家代理制度的理论基础、代理的类型、代理关系的产生和终止的原因及代理行为的法律效果进行了较为全面与细致的研究。 第三部分结合新修订的《中华人民共和国对外贸易法》已正式实施这一背景就我国外贸代理制今后应如何发展进行了阐述。首先分析了我国外贸代理制的现状及存在问题，其次指出了我国外贸代理制今后的发展方向，认为单独或专门规制外贸代理的制度不应继续存在，内外贸代理制度相统一是大势所趋。在这一观点基础上，又提出了一些具体看法。
[Abstract]:Agency has become one of the most common forms of law in the economic exchanges of various countries in the contemporary world. In both domestic and international economic and trade activities, agency system has been widely used; both Anglo-American law countries and civil law countries, as an important legal system in civil and commercial law. Foreign trade agency as a form of agency, its application and adjustment should also follow the requirements of the general agency system. This paper analyzes and discusses from three aspects. The first part discusses three major problems from the basic theory of agency system: the emergence, development and significance of agency system; agency and agency right; the rights and obligations of agent and principal. The second part, according to the current situation of the development of the main national agency law, adopts the method of comparative analysis to analyze the theoretical foundation and the type of the agency system of the two major legal systems in the world, that is, the common law system and the continental law system. The causes of the emergence and termination of agency relationship and the legal effect of agency behavior are studied comprehensively and carefully. The third part expounds how to develop the foreign trade agency system in China in the light of the background that the newly revised Foreign Trade Law of the people's Republic of China has been formally implemented. This paper first analyzes the present situation and existing problems of foreign trade agency system in China, then points out the future development direction of foreign trade agency system in China, and holds that the system of regulating foreign trade agency system alone or exclusively should not continue to exist. The unification of domestic and foreign trade agency system is the trend of the times. On the basis of this viewpoint, some concrete views are put forward.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.295
本文编号：2263296
[Abstract]:Agency has become one of the most common forms of law in the economic exchanges of various countries in the contemporary world. In both domestic and international economic and trade activities, agency system has been widely used; both Anglo-American law countries and civil law countries, as an important legal system in civil and commercial law. Foreign trade agency as a form of agency, its application and adjustment should also follow the requirements of the general agency system. This paper analyzes and discusses from three aspects. The first part discusses three major problems from the basic theory of agency system: the emergence, development and significance of agency system; agency and agency right; the rights and obligations of agent and principal. The second part, according to the current situation of the development of the main national agency law, adopts the method of comparative analysis to analyze the theoretical foundation and the type of the agency system of the two major legal systems in the world, that is, the common law system and the continental law system. The causes of the emergence and termination of agency relationship and the legal effect of agency behavior are studied comprehensively and carefully. The third part expounds how to develop the foreign trade agency system in China in the light of the background that the newly revised Foreign Trade Law of the people's Republic of China has been formally implemented. This paper first analyzes the present situation and existing problems of foreign trade agency system in China, then points out the future development direction of foreign trade agency system in China, and holds that the system of regulating foreign trade agency system alone or exclusively should not continue to exist. The unification of domestic and foreign trade agency system is the trend of the times. On the basis of this viewpoint, some concrete views are put forward.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D922.295
【引证文献】
相关硕士学位论文 前1条
1 胡珍妮;私贷公用的法律问题探析[D];湖南师范大学;2011年
本文编号：2263296
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