表见代理制度作为代理制度的重要补充,其突破了传统代理制度的价值取向,在公平与效率、交易安全之间重新达成平衡。表见代理的构成要件一直颇具争议,本文对此进行了讨论,表达了自己的观点,并结合父卖子房案中表见代理的适用,论证了自己的观点。 Surrogate system as an important complement to the agency system, which broke through the traditional value orientation of the agency system, fairness and efficiency, trade security between the rebalancing. The constitutional requirements of the watch agent have been quite controversial. This article discusses the issue and expresses his point of view. Based on the application of the watch agent in the parent selling house, the thesis proves his point of view.