A Study On The Recognition Of Surrogate Agents

With regard to apparent agency,the Civil Code follows the expression of Article 172 of the General principles of Civil Law and Article 49 of the contract Law,but there is still no conclusion as to what the counterpart has reason to believe that the actor has the right of agency and whether he or she needs to be impudable.Different courts and judges in the country have different understanding of this,resulting in different trial scales of cases concerning apparent representation.Therefore,it is necessary to analyze and explore the identification of apparent agency,excavate the problems and causes of apparent agency identification,and improve the corresponding suggestions on this basis.It is of great significance to protect the rights and interests of the parties,to ensure the fair trial of the case and to safeguard the judicial credibility.In this paper,we choose different cases before and after real estate development,use different identification criteria as classification,through case analysis and comparative analysis,we find that the relative person "has reason" to believe that the actor has the right of agency.The reason is that the law is too general to determine the standard of apparent agency,and different judicial subjects have different understanding of whether apparent agency can achieve.In order to perfect the identification standard of apparent agency,the author suggests to perfect the legal system of apparent agency,to formulate the identification standard of "I can be imputed ",and to introduce the case guidance system at the same time.In order to clarify differences,unified apparent agency identification standards,to avoid the apparent agency identification of large areas of standards.