论商事代理

On the Business Agency

商事代理具有不同于民事代理的本质属性,不能简单按民事代理规则处理。广义的商事代理,是自然人、法人和其他商事组织基于本人授权为本人利益从事的商行为。其基本形式是经办、代办和受托。狭义商事代理限于代办。总结经办、代办和受托的各自特征,并进一步分析三者相互间的主要区别。

Business agency has its own intrinsic features which are different from the features of civil agency. We should not deal with business agency by the way we manage traditionally civil agency. Business agency , broadly speaking, means a kind of business action,which persons, legal entities or other business organizations commit basing on some kind of authorities granted by others called principals to pursue interests for the principals. There are three basic forms of business agency ： manage, brokerage and manage in trust. The narrowly-mentioned business is only confined in brokerages. Furthuremore, in this article, the author generalizes the general features of the business agency and its three basic forms separately as well as the differences among the throe basic forms of business forms.