On The Responsibility Of Powerless Agent In A Narrow Sense

Article 171 of the Chinese Civil Code is a rule about the liability of the narrow sense of powerless agent,which stipulates the subject,way and scope of the responsibility,but there are still many problems that need to be further clarified in its legal theory and practical application.In addition to "introduction" and "conclusion",this paper includes the following four parts。The first chapter mainly summarizes the existing theories about the legal nature of the narrow sense of unauthorised agency liability.In the course of its development,there are several theories including tort liability theory,contract liability theory,contracting negligence liability theory,implied guarantee contract liability theory and legal guarantee liability theory.In this paper,the author uses the two-layer structure model to clarify the legal nature of the liability.According to the standard mode of Article 171,it is identified as the legal guarantee liability for the bona fide counterpart and the contracting negligence liability for the malicious counterpart.In the second chapter,firstly,from the relationship between good faith and negligence,the degree of negligence is gross negligence or general negligence,clear the judgment standard of the relative "good faith".On this basis,it clarifies the interest state of the counterpart with different subjective states.Specifically,the bona fide counterpart will be protected by the right of revocation system in Article 171,the apparent agency system and the non-authorized agency system in Article 172,and the relationship between the former two and the latter will be discussed respectively.Later this chapter discusses the legitimacy of protection of malicious counterpart and the rights it can claim.Chapter III is a discussion of the content of article 171,paragraph 3.Regarding that,our country adopts the legal structure of the right to choose,which should be explained.In this law,whether the actor knows the fact that the right to choose does not affect the other party’s right or not.On this basis,it discusses the specific path for bona fide counterpart to obtain relief under the mode of selection in Paragraph 3,explores the relationship between performance liability and compensation liability,and constructs its applicable space for provisos.Chapter IV is a discussion of the content of article 171,paragraph 4.Regarding the fourth section,Chinese law is also making different provisions from other countries,providing space for malicious directive to obtain protection.In this paper,the regulation content of Article 4 will be discussed,and it will be made clear that its liability is only monetary damages,and the fault offsetting rule will be applied to share the legal consequences,so as to put forward an appropriate interpretation theory for the understanding and application of Article 4.