Research Of The Apparent Agency In The Commercial Field

The apparent agency system is an equitable system that protects the third person from having a reasonable trust in the actor based on the appearance of rights,and its main purpose is to maintain the security of transactions,which is an important system in the development of modern economy.In the context of China’s legislation on the combination of civil and commercial codes,the apparent agency system is stipulated in principle in article 172 of the Civil Code of China,and the judgment criteria codes are also adopted for the combination of civil and commercial.However,with the rapid development of the market economy since China’s reform and opening,there have been frequent cases of apparent agency in the commercial field,and the existing provisions of the apparent agency system have been unable to meet the needs of practical adjudication.In addition,due to the different value orientations in the civil and commercial fields and the different abilities and characteristics of legal actors,the adoption of a monist model judgment standard in trial causes parties to be dissatisfied with the trial results usually,especially the agents in the commercial field who bear greater costs.Therefore,by adopting the method of case analysis method and multiple research methods at the same time,this paper conducts research and analysis of cases in judicial practice,and concludes that the application of the apparent agency system in the commercial field is not conducive to the realization of fairness and justice,the vague determination of the goodwill opposite party and the lack of imputability element,and puts forward optimization suggestions for this from the perspective of improvement of improving guiding cases and judicial interpretations,hoping to be beneficial to the improvement of the apparent agency system.