| Agency is generally recognized as a concept of law in both Civil Law System andCommon Law System, which is greatly important to the adjustment of civil andcommercial legal acts. With the further development of economic globalization andincreasing frequency of international civil and commercial business contacts, there areincreasingly more agency relationships involving foreign facotrs. The agency systemof international commercial has been increasingly showing its irreplaceable function.Most international trades or inland trades fall in the business scopes of commercialagents, and the foreign trade agency become the most important form of internationalcommercial agency. The agent right is the core of the foreign trade system, and itdecides its range, the agent’s qualification and the rights and obligations of parties.The emergence of foreign trade agent rights is the foundation of the foreign tradeagency, the act of authorization is the main way of gaining foreign trade agency. In ourcountry, the foreign trade agency system is imperfect at the type of agency, the impliedaction of authorization, application of law and so on. So we should learn frominternational experience to establish the effectiveness of indirect agency, coordinatethe conflict of various of law,improve the implied action of authorization, introducethe concept of customary rights and apply the law flexibly based on the domestic andforeign research.The criterion of the agent is one of content with much controversy.The agent qualification is relatively broad in the world, which is helpful to theexpansion of international trade. However, foreign trade business is a internationalcommercial behavior with high risk and high technology, we should appropriatelyrestrict the qualification of foreign trade agent at the subject, funds, technology andother factions. The range of foreign trade rights and its performance is the core contentof foreign trade agency."The usual agency" which is proposed by Anglo-AmericanLegal System is worthy of our reference. About the exercise of the right of foreigntrade agency, we should coordinate the rights and obligations of the parties, accordingto the characteristic of foreign trade business, and discuss the abuse of behavior andresponsibility to undertake foreign foreign trade agency. |