On The Deficiency And Its Solution Of Foreign Trade Agency Institution Of China

Nowadays, most international trades are done by commercial agents. Agents can broaden the business scopes of principals and the institution of agency helps a lot promote social division and economize business cost. Most international trades or inland trades fall in the business scopes of commercial agents, and their business objects include both material and immaterial goods. It's safe to say that commercial agents are indispensable in international trades. Japan, for instance, has more than 7000 agents which put together take about 80% of imports and exports total amount of Japan, Germany more than 60000, which take 30% of imports and exports. Practicing foreign trade agency institution is of great importance.Traditional foreign trade agency institution, a unique legal institution of China, which was based on state controlled economy system, conflicted with classical agency theory and caused chaos in agency jurisprudence. With amend of Chinese "Foreign Trade law" and the abolition of monopoly in foreign trade, the foreign trade agency institution of China should regress to natural agency theory, namely, as one of commercial agency.This thesis has four chapters.In Chapter One, the author introduces legislation of both continental and British law system. Although there are similarities between the two law systems, they are different from each other. The basis of agency institution of continental law system is the theory of separation while that of British law system is based on the theory of identity. With the development of international trade, there is a tendency of amalgamation of these two theories, and the amalgamation results in "Convention on Agency in the International Sale of Goods", which oversteps the gap between the two law systems and consolidates two different basic theories and becomes one of the most successful international conventions concerning agency institutions.In Chapter Two, author analyzes and comments on different agency institutions in different periods of P.R. China. Traditional foreign trade agency institution was based on the state monopoly on foreign trade and caused a lot of juristic conflicts. Although our foreign trade agency institution had a history of administrative intervention, with china's accession to WTO and the unlocking of foreign trade qualification, practically or theoretically, our foreign trade agency institution accords with international commercial agency institution.In Chapter Three, the author points out that China should re-orientate the foreign trade agency institution as one of commercial agency institution under the current circumstances as "Foreign Trade Laws" has been emended. The author also expatiates and analyzes the defects of China's current foreign trade agency institution.In Chapter Four, the last chapter, the author brings forward concrete suggestions to improve foreign trade agency institution of China. Our foreign trade agency institution should inherit Continental Law System, and at the same time, graft advanced experience of British Law System as well as other foreign legislation and make the new institution merged in current civil law system so as to perfect our agency law system. Finally, the author points out that China should take foreign trade agency as a common commercial agency and regulate the foreign trade agency institution in the coming "Civil Law" of China.