Research On The Narrow-sense Unauthorized Agent System

With the complication of social and economical conditions,subjecting to objective conditions,civil subjects can not do everything by themselves.At this time,the agent system came into being,which is an important system in the field of civil law.Original agent system in our country is relatively simple and vague,thus failing to fully respond to practical problems.Therefore,the legislature amended the original agent system in Article 171 of General Provisions of Civil Law.The revised agent system still has ambiguous provisions.Meanwhile,the constituent elements and forms of responsibility of unauthorized agent are still unclear,and the doubts in judicial practice have not been solved.Firstly,the legislative reference of Paragraph 3 of Article 171 of the General Provisions of Civil Law mixed and drew lessons from the contents of the unauthorized agent system in German Civil Code and Japanese Corpus of Civil Law,leading to differences in understanding of this article.There are also contradictions between provisions in Paragraph 3 and Paragraph 4 of Article 171.Secondly,Paragraph 3 stipulates the subjective state of counterpart(goodwill or not),without distinguishing the subjective state of the agent,but the ultimate result is always different compensation results undertaken by agents due to counterpart's choice,which may also have some harsh implications for the unauthorized agent.Finally,from the theoretical point of view,the liability of the unauthorized agent for compensation is resulted from the performance of whether interests or trust interests still remained unanswerable.Therefore,it is necessary to make a comprehensive collation of narrow-sense unauthorized agent system in General Provisions of Civil Law.This article conducts carding research on the narrow-sense unauthorized agent system from aspects such as types of responsibility,constituent elements,limitation of liability and ways of liability undertaking.At the same time,the author tries to find out the disputes and problems about relevant provisions of Article 171 of the General Provisions of Civil Law on the responsibility of a narrow unauthorized agent.It is of great significance to comprehensively understand the true meaning of the system by discussing these disputes and issues.The liability nature of the narrow-sense unauthorized agent directly determines the liability scope,so it is the starting point for launching a research on the system.After comparing various theories,the author tends to characterize the nature of narrow-sense unauthorized agent liability in our country as statutory guarantee liability.The constitutive elements and restrictive factors of the liability of narrow-sense unauthorized agent are to judge whether an act belongs to the narrow-sense unauthorized agent.Finally,this paper studies the relevant content of liability undertaking of narrow-sense unauthorized agent,such as ways of liability undertaking,the compensation scope and the reasons for exemption.The liability of the narrow-sense unauthorized agent is also one of the key contents of this article,as well as the most concerned part for all parties in the narrow-sense unauthorized agent system.Liability undertaking is a part that can be discussed only after sorting out and researching the nature and elements of liability.The author believes that the performance of liability and liability for damages must have its rationality for existence.Meanwhile,the subjective state of the unauthorized agent must also be taken into account in determining its liability.Otherwise,the narrow-sense unauthorized agent system may not only fail to realize the idea of maintaining fairness and justice in civil law,but also accomplice in the unjust results.