The unauthorized agent civil liability is an important issue of the agent in system, China's legislation on the responsibility of the unauthorized agents is too broad, not conducive to judicial practice, Therefore, proposals in the future of civil legislation, should specific regulate the responsibility of the corresponding unauthorized agent system. The article introducing and evaluation on the basis of contract party doctrine, tort liability doctrine , contracting fault liability doctrine, implied security responsibility doctrine. I support civil liability that the responsibility of the corresponding unauthorized agent for a special responsibility, because between the unauthorized agent and the relative does not exist the legitimate, valid contract, the unauthorized agent’s fault can not be the establishment of conditions, nor is it because they violate the implied guarantee obligations, but because the responsibility of unauthorized agent produced by the direct legal provisions, should be a special responsibility. At the same time, I believe that the unauthorized agent to assume the liability for civil liability only, Because of its responsibility is based on the statutory responsibility, There is no contract between them, have no right to request performance of the contract, and use subjective approach of the unauthorized agents to determine the compensation.
Key word: The unauthorized agent; Civil Liability; Special responsibility; The responsibility of compensation
