The Study Of The Refereeing Agency System In The Field Of Construction Engineering

In recent years,with the constant development of social legal system,the application of the agency system in judicial practice is also widespread.In China,the apparent agency system refers to the fact that the actor has no agency authority,exceeds the agency authority or concludes the contract in the name of the principal after the agent terminates.If the relative person has reason to believe that the actor has agency authority,the agency act is valid.This system is rarely used in the commercial field in China,but due to the strict requirements on the qualifications of construction enterprises and the widespread phenomenon of illegal subcontracting by outsourcing,the agency system is widely used in the judgment field of construction projects in China.At the same time,the current situation of the ruling rules in this field presents a chaotic situation.The reasons for this confusion include the incomplete theoretical system of the elements of the construction project listing agent system,the diversity of the common appearance of rights in the construction engineering field,the complexity of the listing agent behavior and the lack of uniform standards for the distribution of burden of proof.This paper aims at combining legal theory and judicial practice,analyzing in detail the present situation and reasons of the judicial judgment rules of the agency system in the field of construction engineering.It is suggested to establish the identification principle of apparent agency behavior,improve the burden of proof system of apparent agency in the field of construction engineering,and set up the judgment idea that both standardizing the market order and balancing the interests of all parties should be paid equal attention to,so as to further improve the judicial judgment of the apparent agency system in the field of construction engineering in China.