On Chinese Foreign Trade Agency System

Proxy system is a result of highly developed commodity economy. Due to the development and prosperity of our economy as our country is further open and reformed, foreign trade proxy system has come into being in our foreign trade. As an important item of our reform of foreign trade system, a series of rules and policies we had issued -and drafted for it have not taken remarkable effect over several years. As far as the old foreign trade system is concerned, the implementation of Contract Law and progressive cancellation of limitation on qualification of foreign trade business subjects are no doubt two good measures. Whether those measures are aimed at or able to erase the defects of the old foreign trade system and what assistant measures it needs are all the questions this paper will discuss. This paper first looks for the background and the cause of our foreign trade proxy system, then analyzes the relevant laws and rules, and at last searches for the ways of perfecting our foreign trade proxy system. This paper has explained the legal basis for the old foreign trade proxy system before the Contract Law was issued and its main defects by tracing the conception of proxy, proxy system and the forming process of our foreign trade proxy system. Through the analysis of the clauses corresponding to the foreign trade proxy system provided in the Contract Law, this paper illustrates the role the Contract Law has to promote our foreign trade proxy system , discloses the problem we are still facing at present, predicts the future of our foreign trade proxy system and puts forward some concrete suggestions and necessity of bettering ourforeign trade proxy system further. The author of this paper thinks that we should carry out firmly the clause 402, 403 and brokerage contract stipulated in the Contract Law which are aimed at the defects of our old foreign trade proxy system. But how to understand and apply the Contract Law, how to deal with the challenges from international foreign trade proxy line after the entry of WTO and where our foreign trade proxy system will go in the future are still worth paying attention to.