On The Personal Attribution In The Agency Of Superficiality

The agent is a special form of behavior that gives an unauthorised agent the right to act as an agent.It is widely used in the contract area.In the practice of trials,the identification of agents is often the focus of case disputes.There has been controversy over the issue of seeing the constituent elements of the agency.In the controversy constituting the elements,the early "around the fault" of the agent formed two basic opposing views of "single elemental theory" and "double important piece theory".In recent years,with the development of the theory,around the "I can be accountable" issue,the "new single requirements" and "new double important pieces" have been developed.Regarding the representation of the agent,the provisions in the General Principles of the Civil Law are no different from those in the Contract Law.From the point of view of the law,there is no requirement for "I am liable." Many civil law scholars still advocate the establishment of the "I can be accountable" element,but there is no unified opinion on the issue of the "attributable" judgment standard.There are mainly faults,incentives,associations,risks,and blame.Sex and reasonable trust are compared and weighed.There is no conclusion on the theoretical level of the disputes concerning the constituent elements of the agency.In the judicial practice,no specific and uniform applicable standards have been formed on the issue of finding the agent.See the trade-offs in the agency field involving the value of private law autonomy and transaction security,showing the conflict and coordination of the two private law values.In the composition of the agent,it is necessary to establish the responsibilities of the person.Based on the difference between civil agency and commercial agency,the principle of fault should be regarded as the judgment standard of “I can be blamed” in civil agency.In commercial agency,the risk principle should be applied to judge “I can be accountable”.The meticulous construction of "I can be blamed" in civil agents and commercial agents can determine the general reference framework,constrain the judge's excessive discretion,and promote the stability of judicial application.