The application of agency system in economic law: enables natural persons and organizations to obtain legal effects through other people's civil activities under limited time and conditions.

concept and characteristics of agency:

agency refers to a legal system in which an agent carries out civil legal acts with a third party in the name of the principal within the scope of agency authority, and the legal consequences arising therefrom are directly borne by the principal. The subject of agency relationship includes the agent, the principal (also called himself) and the third party (also called the counterpart).

the agency relationship includes three kinds of relationships:-the agency relationship between the principal and the agent; Second, the relationship between the agent and the third party in the implementation of civil legal acts; The third is the relationship between the principal and the third party who bear the legal consequences of the agency behavior.

The agency system enables natural persons and organizations to obtain legal effects through other people's civil activities under limited time and conditions, and expands the scope and possibility of engaging in civil legal activities; The agency system also makes up for the deficiency that people with no capacity or limited capacity cannot engage in civil activities independently, so that they can participate in civil activities through the agency system and fully realize their own economic interests.

Agency has the following legal characteristics:

1. Agency is a civil legal act.

(1) The acts that agents engage in mainly include: ① civil legal acts; ② civil litigation acts; ③ patent application and trademark registration.

(2) Making a will, getting married, etc. are not allowed.

2. An agent is a civil juristic act in the name of the principal.

3. The agent expresses his will to the third party independently within the authority of the agent.

4. The legal effect of the civil legal act done by the agent belongs to the principal.

(2) the difference between agency and related concepts.

1. Agency and entrustment.

There are the following differences between entrustment and agency:

(1) The name of exercising rights is different. Agency means that an agent carries out civil activities in the name of the principal within the scope of agency authority, and its legal effect is directly effective on the principal. In entrustment, the trustee can act in the name of the principal or in his own name.

(2) different business. The behavior involved in the agency is based on the expression of will, so the agent must be a civil legal act; Entrustment does not require "expression of will" as an element, so the entrusted behavior can be purely transactional, such as sorting out information and cleaning.

(3) agency involves three parties, namely the principal, the agent and the third party; Entrustment belongs to the relationship between the two parties, namely the principal and the trustee. Of course, there is also a certain relationship between entrustment and agency. For example, in entrustment, the legal relationship between the principal (the principal) and the trustee (the agent) is handled according to entrustment, which is a legal act of both parties in nature; The legal relationship between the principal, the trustee and the relative party shall be handled as agency.

2. Agency and discipline.

The difference between the broker and the agent is as follows:

(1) The broker carries out civil legal acts in his own name; Agency is the implementation of civil legal acts in the name of the principal.

(2) the legal effect of the commission shall be borne by the commission merchant first, and then transferred to the client through other legal relationships (such as entrustment contracts); The legal effect of agency directly belongs to the principal.

(3) The discipline must be a paid civil juristic act; Agency can be paid or unpaid.

3. Agency and communication.

communication is the act of faithfully relaying the intention of one party to the other party. The difference between agency and communication lies in:

(1) The task of communication is to faithfully convey the client's intention, and the communicator himself does not express his intention. In the agency relationship, the agent expresses his will to the third person independently, and the content of the expression of will is determined by the agent's own will.

(2) An agent should express his will with a third party, so he is required to have corresponding civil capacity; The communicator faithfully conveys the client's expression of will, without the condition of having civil capacity.

(3) Identity behavior must be carried out by myself, and no agent is allowed; Identity behavior can be expressed by the communicator.