| Since in the 1990 s,the agent and intermediary organizations have gradually walked into our visual field,and obtained the recognition and praise of the society.Among then,the role of intermediary with from the warring states reactive again China’s economic and social stage,with a near 20-year development history.In the rapid economic development,information intelligence became the source of the new power.A lot of intermediary service with the help of the mediate contract form to is multifarious,intermediary has long been integrated into the various industry is closely related to people’s Daily life,as housing,employment,marriage,domestic,freight,study abroad,immigration,financial management,engineering,etc.The frequency of intermediary contract used and disputes occurred gradually is rising at the same time,the controversial problem also became more complex,this situation does not adept the intermediary contract existing legislation.The brokerage a contract problem increasingly accumulated by the referee in the judicial activities.Due to the courts are lack of unified standard,the judges have different understanding of handling the case,which have different judgment on the same case torture in the judicial credibility.This article selects distribution in the intermediary contract to compensate for three similar cases of dispute by researches in contrast analysis,so as so the intermediary contract offer reference for theoretical research and judicial activities,and seek a thinking direction for perfecting our mediate contract legislation.The main content of this article consists of three parts.The first chapter is about the freight intermediary contract case through analysis of three similar cases,such a intermediary contract exist universality of contention in the trial practice.Main focus in the second chapter is about controversial issues,from the effects of contract effectiveness,the broker truthfully inform obligation to execute the judgment of case,the division of the liability for compensation in different aspects,I will discuss one by one in chapter 2.The third chapter from case lead to legal thing,for the intermediary contract legislation and the burden of proof perfect puts forward related suggestions. |
