論無權代理和表見代理的規範形態

On the Normative Form of Unauthorized Authority and Apparent Representation

中國大陸法對狹義的無權代理和表見代理均採取了類型化的立法模式，且將三種類型規定在同一規範之中。然而，由於在構成要件、法律效果和證明責任的分配上三種類型之間不存在本質的區別，因此，一元化是立法論和解釋論上合理的選擇。

The mainland Chinese law has taken the legislative approach of categorization for both the unauthorized authority in a narrow sense and apparent representation, and provides three categories in the same legal norm. However, since there is no essential difference between the three categories in terms of constitutional requirements, legal effects, and the distribution of burden of proof, the unity model is a reasonable choice under both the legislative and interpretive theories.