| Abstract: | The agency in duty is a traditional commercial rule.The right of agency in duty comes from the intended authorization of the agent,its scope and types are restricted by the law,and the effect of the agent’s subjection to agency’s behavior is the result of the law.Article 170 of General Provisions of Civil Code is guided by the concept of unity of civil and commercial law,it’s the first time that the rule of agent in duty is clearly defined in the General Provisions of Civil Code.In terms of institutional functions,this article can help unify Chinese judicial practices.However,based on its commercial nature,the application scope of the first paragraph of the article should be limited,the commercial registration system related to agency in duty needs to be improved,and the type of agents should be refined.At the same time,the second paragraph of the article is a special rule of agency in duty,its differences with the agency by estoppel and unauthorized agency should be noted in the application process.In the future,China can improve the agency in duty through the General Principles of Commercial Law by constructing a unified commercial registration system and classifying the agency rights. |
