The Judicial Identify And Dispose For Service Charges Which Based On Illegal Reasons

China is a country where the “human interest” is swarmed all around and the Chinese society is suffused with relationship network.Some people hold the idea that a certain kind of problems can be solved well and quickly by establishing underhand connections for the sake of personal gain,besides additional benefits beyond the rules can be obtained in this process.These phenomena also make increasing number of people fall into the thought of "money can make everything easy." It is reasonable to spend some money on entrusting other friends to do something without breaking the law,but if both of the contracting parties establish commission relationship with each other under an illegal purpose,the commission contracts signed will be invalid since it violates the law and related administrative regulations.In judicial practice,there will be two questions after the court sentence that the commission contract is invalid: the first one is that how the service charges collected for illegal purposes in the contract will be identified;the second one is that how to deal with this illegal service charges.This article is designed to discuss these two questions.Three typical cases in which service charges was collected for illegal purposes in recent years is listed in the first chapter.Through the analysis of three commission contract disputes between Mr.An and Mr.Li,Mr.Han and Mr.Yuan,Mr.Jin and Mr.Huang respectively,the judicial decisions are stated as follows: in the case No.1,the court judged that part of the service charges would be refunded;in the case No.2,the court judged that all the service charges would be refunded;and in the case No.3,the court rejected the refund request of plaintiff and collected the involved service charges.Through the comparison of these three typical cases,two controversial points which cause the different judgments of the same case can be found and described as follows: how to determine the quantity of service charges collected for illegal purposes and how to handle such service charges in the judicial practice.The second chapter makes a legal analysis of the above two focuses of dispute by citing and referring to the laws and regulations of the relevant fields and the theories of famous jurists.Firstly,this chapter confirms the validity of the commission contract in the cases,and analyzes the validity of mandatory provision contract which violate the laws and administrative regulations.A results can be obtained that the courts make no improper determination of the validity of contracts involved in the cases.Secondly,in the judicial practice,the service charges collected for illegal purposes is required to be identified.After judging that the commission contract is invalid,the court needs to legally determine the quantity of service charges before making judgment and stepping into next phase.In the process of legally determining the service charges two concepts shall be introduced: unjust enrichment and payment based on illegal reasons.In this section the two concepts of unjust enrichment and payment based on illegal reasons are elaborated and compared in detail,and the conclusion of the identification of service charges collected for illegal purposes is obtained.Finally,the treatment of service charges collected for illegal purposes in the judicial practice is discussed.According to the Article 58 and Article 59 of the Contract Law of the People's Republic of China that three general treatment methods and a special treatment method are available for handling such case involving judging the quantity of the payment based on illegal reasons.Each court has different judgments.Through the analysis of these treatment methods,this paper gives the personal suggestions.The third chapter combines the three cases presented in this paper with the theoretical analysis of the above-mentioned focuses of dispute as well as the knowledge acquired.Taking other scholars' suggestion as a reference,a research inspiration on how to identify and handle such service charges collected for illegal purposes can be obtained and some available suggestions can be proposed.It is believed that the system of payment based on illegal reasons should be introduced in handling such cases,and the service charges collected for illegal purposes should be recognized as the payment based on illegal reasons.At the same time,in dealing with the service charges collected for illegal purposes in the cases involved,the judicial interpretation or guiding case should be used to clarify the relatively uniform judgment standards.