中国外贸代理法律调整的演进及探析

Probe into the Evolution of Legislative Adjustment in China's Foreign Trade Agency System

中国的外贸代理制始于改革开放之初。由于其突破了民法通则有关代理关系的规定 ,致使其一产生便处于无法可依的尴尬处境 ,导致实践中做法混乱 ,问题百出。文章阐述、评析了为解决外贸代理问题的种种立法努力 ,并在此基础上重点阐析了现行合同法对外贸代理的法律调整。

China's foreign trade agency system initiated at the beginning of the reform and opening. Because it was beyond the agency regulation in Civil Code, it resulted in an embarrassing situation of having no law to observe; confusing practice and many problems from the very beginning. This article elaborates and values the various legislative efforts in solving the problems of foreign trade system. It also emphasizes the legislative adjustment of foreign trade agency system under the enforcing contract law,based on the former elaboration.