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代理制度根植于商品经济发展这一土壤,因此商品经济越发达,代理制度在社会生活中的发挥的作用越大。在我国,随着经济体制改革的不断深入,代理制度推行范围越来越广,发挥的作用也越来越大。但代理制度仍然存在着授权不明,无权代理,代理人与第三人恶意串通等问题,为此,我国《民法通则》针对代理制度中存在的问题,依据债的相关理论,规定了代理制度中的连带责任,既是对上述问题的有效解决,更是我国民事立法的一项创新,但同时过分保护来了第三人的利益。
The agency system is rooted in the soil of the development of commodity economy. Therefore, the more developed the commodity economy, the greater the role of the agency system in social life. In our country, with the continuous deepening of the reform of the economic system, the agency system has been implemented more and more widely and has played an increasingly important role. However, there are still some issues such as the unknown authorization, the powerless representation, the vicious collusion between the agent and the third party in the agency system. For this reason, the general rules of civil law in our country stipulate the agency system based on the related theory of debt The joint and several liability in the matter is not only an effective solution to the above problems, but also an innovation in our country’s civil legislation. However, overprotecting the third party’s interests comes at the same time.