现行理论研究充分重视了代理却相对忽视了代表,尤其是越权代表的问题,在现行法律中对越权代表行为的规定也不够明确;越权代表行为的效力应该从所“越”之权限入手来判断,同时也需要注意举证责任问题和所订立合同的效力问题。 The current theoretical research has paid sufficient attention to the fact that the agency has neglected the representative, especially the ultra vires, and the provisions of the existing law on the ultra vires are not clear enough. The validity of the ultra vires representative should start from the authority of the “more” To judge, but also need to pay attention to the issue of the burden of proof and the effectiveness of the contract concluded.