表见代理制度于1900年由《德国民法典》首创,后为大陆法系诸多国家所采用,并成为英美国家审判实践中的重要原则,即“不容否认之代理”。表见代理,是指行为人虽无代理权,但具有外表授权的特征,致使善意相对人在客观上有理由相信行为人具有代理权而与其为民事法律行为,该民事行为的后果直接归属于被代理人。 Representation agency system was first introduced by German Civil Code in 1900 and later adopted by many countries in civil law system. It has become an important principle in trial practice of Anglo-American countries, that is, “agent can not be denied”. Surrogate refers to the fact that although an agent has no power of attorney, it has the characteristic of appearance authorization that causes the relative of goodwill to objectively have reason to believe that the agent has the right to act as a proxy for civil law. The consequences of the civil act are directly attributable to Agent.