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代理制度在社会经济生活中起着重要作用。实践中,授权行为常常伴随其基本法律关系而生,如委托、雇用、合伙契约等,二者关系如何,不无疑问。无因说认为,代理权之授予行为,与其基本关系各自独立,基础关系不应影响授权行为之效力,而有因说者却持不同的观点。二者分别基于不同的社会政策考量,我国民事立法该如何取舍?可尝试通过法律制度的嫁接实现与表见代理制度的功能替代。
The agency system plays an important role in the social and economic life. In practice, the authoritative behavior is often accompanied by its basic legal relationship, such as commission, employment, partnership contract, the relationship between the two is no doubt. In the view of no reason, the granting of power of attorney should be independent of its basic relationship, and the basic relationship should not affect the effectiveness of the authorizing act. However, there are people who hold different opinions. The two are based on different social policy considerations, how to choose the civil legislation in our country? Can try to achieve the function of the proxy proxy system through the grafting of the legal system.