《合同法》及新《对外贸易法》的出台,为中国企业乃至于个人进行外贸活动提供了平台与法律保障。但是可惜的是,我国的外贸代理制度仍呈现不足,比如规定仍呈现明确性低、操作性差,甚至在借鉴英美法系制度过程中忽视与原有体系的结合,与其他规定出现了矛盾与冲突,仍有待日后的逐步完善。 The promulgation of “Contract Law” and the new “Foreign Trade Law” has provided a platform and legal guarantee for Chinese enterprises and individuals to conduct foreign trade activities. However, it is a pity that the system of foreign trade agency in our country is still not enough. For example, the regulations still show a lack of clarity and poor operability, even ignoring the combination with the original system while drawing lessons from Anglo-American legal system. There are contradictions and conflicts with other regulations , Still need to be gradually improved in the future.