随着社会市场经济的发展,代理在人们的经济生活中发挥着越来越重要的作用。但现实中也常常存在着很多不和谐的无权代理行为,为了维护交易安全和保护善意相对人的合法权益,表见代理制度应运而生。本文由一起案件引入,笔者参考比较各国对于表见代理制度的规定,阐述了笔者对表见代理构成要件以及如何更好地维护各方当事人权益的观点。 With the development of social market economy, agents play an increasingly important role in people’s economic life. However, in practice, there often exist many discordant acts of powerless representation. In order to maintain the security of transactions and protect the legitimate rights and interests of relatives who are goodwill, the representation agency system has emerged. In this paper, a case is introduced. The author makes reference to the comparison of the provisions of each country on the representation agency system, expounds the author’s view on the composition of the representation agent and how to better protect the rights and interests of all parties involved.