Agency By Estoppel

Apart form the introduction and the conclusion the article is composed of four-parts:The first part: Mandat apparent lawmaking investigates. Comparatively Analytic method in this part is used to analyzed mandat apparent lawmaking of mainland legal system represented by Germany, Italy, Switzerland, Japan etc. And HK, Macao, Taiwan and mainland region, and the writer discusses agency by estoppel rule of public prosecution agency and believes mandat apparent lawmaking aims to protect safety of trades and to maintain credit of mandat apparent. Countries in the world gradually enhanced the stipulation on this rule.The second part: theory' foundation of mandat apparent. This part introduces concept, characteristics, theories, legal result of mandat apparent and especially its constitution believing that this rule should adopt monism in special elements besides its common elements. At the same time, this part also takes microcosmic regulation on subject elements of the counterpart and believes that if the counterpart has no "neglect" in subject, and should not take "in good faith" as its special elements, which is thought to the common elements of all civil legal activity by the majority of the scholars. The article also apply comparatively analytic method to differentiate mandat apparent from powerless mandat in narrow sense and other similar activity, and makes farther elaboration of the legal character and characteristics, which will significantlybenefit of correct definition and application of this rule.The third part: application of mandat apparent. This rule is the reflection of development of social economy and commodity bargain in legislation, so development of social economy will inevitably affect its application. On the one hand the methods for counterpart to distinguish whether there is deputy right or not and its range gradually become better with the improvement of technology enhanced by rapid development of social economy. This rendered the reduction of existent room of mandat apparent and even powerless mandat. On the other hand in the gradually reducing room, the law is striving to enlarge its application range.The fourth part : Consummation of mandat apparent in our country. Development of market economy in our country is relatively late and the rule system of mandat apparent is not totally reasonable, so application of it quite disordered. So in order to consummate our country's mandat apparent ,we should boldly consult and transplant legislation judicial experience and prejudication theory about this rule and define mandat apparent and its obligation-ascertaining principles scientifically. Only by contructing mandat apparent suitable to China's situation, can we realize the aim of this rule.