According to the provisions of the import and export contracts, the third person can ask the agent to bear the contractual responsibility. In the agent to bear the liability to go after the request as a client of domestic companies, enterprises and other compensation, not to mention the increase in litigation and expenses, only the ability of the client's repayment is likely to make the agent's Loss is not compensated, so that agents bear 100% risk liability. Which is not equal to the amount of agency fees charged by not more than 3%. Although the "Interim Provisions" agent can assume responsibility after being "inherited" by the agent, it is practically impossible. "This responsibility is not commensurate with the interests of the rights and obligations of the unfair, is contrary to the principle of fairness in civil law, but also contrary to the general principle of agents, because agents should generally provide legal consequences of agency activities directly by the agent. "(3)" Interim Provisions "content is not scientific and complete. "Interim Provisions" will foreign sourcing agent as a national foreign trade system to look at, so it is called foreign trade agency system, it is from this fundamental idea, so that the original should be agreed between the parties into the contents of the country Mandatory provision, the parties to the rational meaning of autonomy by the parties should not be limited. At the same time, although the "Interim Provisions" on the foreign trade agency contract rights and obligations of the parties to the more specific provisions, but in many ways omit the parties should enjoy the important rights and bear the corresponding obligations, such as the trustee can Whether the handling fee within 3% is reasonable and how it should be calculated; whether the trustee has the duty and the right to deposit and dispose of the entrustment, and the liability for the failure to keep the custody. It is precisely because of the lack of these basic content of the provisions, resulting in the practice of such disputes often occur, and an increasing trend. (4) "Contract Law" to improve China's foreign trade agency system, but its flaws are obvious. Mainly in: (1) "Contract Law" is only the relevant provisions of the principle, but also the lack of some operational provisions to refine it. (2) omission of some key elements, such as the legal consequences of the termination of the agency relationship, the transfer of legal consequences of the contract and other content are not specified, so that the practice of foreign sourcing agent in the above problems can not be followed. (3) the cross-regulation of the relationship between the entrusted relationship and the agent relationship. China Sourcing Agent,
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