外贸代理制是指外贸企业提供各种服务,代生产、订货部门办理进出口业务,收取手续费,盈亏由委托单位负责的一种制度。我国的外贸代理制度借鉴了两大法系中的代理制度,符合了时代发展的需要,但在立法上出现了一定的混乱。本文主要从立法溯源着手,通过对两大法系中代理制度的比较与解读,尤其是关于直接代理和间接代理的分类,来分析我国主要在《合同法》中所规定的外贸代理制度的进步与不足,并针对现实中出现的问题提出相关的立法建议,以及在司法实践中如何进行法律适用的问题。 Foreign trade agency refers to the foreign trade enterprises to provide a variety of services, on behalf of the production, ordering department for import and export business, charge fees, profits and losses by the commission unit is responsible for a system. China’s foreign trade agency system draws on the agency system of the two major legal systems and meets the needs of the development of the times. However, some chaos has appeared in the legislation. This article mainly starts from the legislation traceability. Through the comparison and interpretation of the agency systems in the two legal systems, especially on the classification of direct agency and indirect agency, this paper analyzes the progress of the agency system of foreign trade as stipulated in the Contract Law In the meantime, the author also put forward relevant legislative suggestions in light of the problems that appear in reality and how to apply the law in judicial practice.