| As to apparent agency, the General Part of Civil Code of PRC still continues the provision mode in the Contract Law, and do not provide clearly whether the elements of apparent agency should include the imputability of the principal. There is a similarity in basic structure between good faith acquisition and apparent agency that adopts the mode of positive protection of reliance. By analyzing the norms on good faith acquisition in the currently effective Chinese laws, a general value judgment involved in the responsibility derived from the appearance of right can be extracted. In line with the elements of good faith acquisition, the elements of apparent agency should also include the imputability of the principal, which should be interpreted and constructed according to the principle of risk. This principle has the characteristic of dynamic and integrated balance. In order to lend concreteness to this principle, we should distinguish different types of cases and make substantive argumentation respectively, so that definite rules can finally be obtained. In this process, different factors, such as the information cost of the agent, the cost of avoidance of the principal, the profit of the principal, the remedy cost of both parties and the characteristic of commercial transactions, should be balanced. At the same time, even if the principal needs not bear the responsibility of positive protection of reliance because of the absence of his imputability, he may still need to bear the responsibility of negative protection of reliance, so as to realize a balance of legal consequences. |
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