Briefly describe the agent and its characteristics.

Core Tip: The concept and characteristics of agency. Agency refers to the legal system in which an agent acts as an agent with a third party in the name of the principal within the scope of agency authority, and the legal consequences arising therefrom are borne by the principal.

I. The concept of agency

Agency refers to the legal system in which an agent acts as an agent with a third party in the name of the principal within the scope of agency authority, and the legal consequences arising therefrom are borne by the principal.

Second, the characteristics of the agent

As can be seen from the provisions on agency in the General Principles of Civil Law, agency has the following characteristics:

(1) The agent shall act in the name and interests of the principal. Carrying out civil activities in one's own name is an important feature of agency, which is different from punishment, trust and intermediary.

(2) An agent shall carry out the agency behavior within the agency authority.

(3) Agency is a civil legal act.

(four) the legal consequences of the agency act shall be borne by the principal.

Third, the scope of application of agency.

In real life, the agency system is widely used. According to the nature of the agent, the scope of application of the agent mainly includes:

(1) signing contracts on behalf of others and other civil legal acts.

(2) Acting as an agent. For example, in civil litigation, administrative litigation and criminal incidental civil litigation, I participate in the litigation as the plaintiff, defendant or the litigation agent of the third party to safeguard my legitimate civil rights and interests.

(3) Acting as an agent to carry out specific administrative acts such as real estate registration, tax payment and patent application.

However, the scope of application of civil law to agency is not infinite. The law clearly stipulates that the acts that do not apply to agents are:

(1) Agency is not applicable to illegal acts. Illegal acts, including torts, criminal acts and other acts that violate legal and social interests, are not allowed by law to be committed by anyone, and it is certainly impossible to allow others to commit them on their behalf.

(2) Agency does not apply to strictly personal civil legal acts. For example, making a will, registering marriage, adopting children, etc. , must be decided and expressed by yourself.

(3) Agency does not apply to civil legal acts that the parties agree to carry out by themselves according to law. Such as contracts, performance appointments, etc. The performance of the booking party cannot be represented.