目前司法实践中,尤其是在建筑施工程周转料具租赁领域,对表见代理的认定存在扩大化的趋势,由此导致承包人因不服判决而反复申诉、上访,降低了司法判决的权威性,不仅不能使法律秩序的裂痕得到恢复,而且浪费了更多的司法、行政等社会资源。我国《合同法》第49条对表见代理作了规定:“行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同,相对人有理由相信行为人 At present, judicatory practice, especially in the field of building construction materials turnover leasing, there is a tendency of enlargement of the representation agent, which leads to the contractor’s repeated appeals and petitions for refusing to accept the verdict, which reduces the authority of the judicial decision , Not only failed to restore the rift of the legal order, but also wasting more resources of the judiciary, administration and other social resources. Article 49 of the Contract Law of China stipulates that the agent of the watch: ”The actor has no power of attorney, surpasses the power of attorney or terminates the power of attorney to conclude the contract in the name of the agent, and the counterparty has reason to believe that the perpetrator