Analysis On The System Of The Trusted Agent

The trusted agent system is a civil law system that has strong study meaning of judicial practice.It will directly influence the balance problem of benefit-protecting of the opposite person and oneself, whether the trusted agent is affirmded reasonable or not..Since this system is made,it has exerted great impact on the whole society,especially the economy.However ,the rule that fake right appearance replaces the real right in this system is not conform to the general legal philosophy ,and arises controversial disputes.As a result,a good command of this system's cardinal principles and specific rules will be essential.Using the theories contact actual and the law-philosophy analytical methods,the article analyzes the trusted agent from theory to the practice which pures the way of thinking in the field of this system.Besides preface and postscript, the article is divided into five parts.Part one:The existential basis of the trusted agent system.The part makes a comprehensive analyse of the system's great value in promoting safety and efficiency in business,and also its great impact on the society.Part two:The theoretical basis of the trusted agent system.The part analyzes the three dominant theories that the trusted agent system is based on,which were the outer appearance theory, the doctrine of faith and the doctrine of liability-attribution.Part three:Law investigation of the trusted agent system.Using compare analytical method, this part analyzes the trusted agent law making of the mainland law-system nations include Germany,Italy,Japanese and Taiwan, and also inquir into the not-permitting of denial the trusted agent in the British and American common law nation.Then the article analyzes our mainland's law making and finds many defects to be improved.The law making of all the other countries can be used for our reference.Part four: the appearant types of the trusted agent.The part analyzes three typical types of appearance: the trusted agent based on the expression of agent right, the trusted agent based on the violation of agent right, the trusted agent constituted after termination of agent right. Part five: Analysing of the trusted agent constitute.The trusted agent has features of permitting agency and forbidden agency, so its composing is the most complicated and disputing part in the whole system.This part describes two domain academic theories: single important item theory and dual important item theory.Finally the author puts forward some personal view.